reglab/housing_qa huggingface dataset:
AR Code § 28-12-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-102. Rebuttable presumptions

 In determining whether this chapter applies to specific property, the following rebuttable presumptions apply:   (1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which this chapter applies; and  (2) Real property situated in this state and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this chapter applies.
AR Code § 28-12-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-103. Disposition upon death

 Upon the death of a married person, one-half (½) of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half (½) of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. With respect to property to which this chapter applies, the one-half (½) of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will and no estate of dower or curtesy exists in the property of the decedent.
AR Code § 28-12-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-104. Perfection of title of surviving spouse

 If the title to any property to which this chapter applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this chapter applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest.
AR Code § 28-12-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-105. Perfection of title of personal representative, heir, or devisee

 If the title to any property to which this chapter applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this chapter applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.
AR Code § 28-12-106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-106. Purchaser for value or lender

 (a) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.  (b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.  (c) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.  (d) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
AR Code § 28-12-107 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-107. Creditor's rights

 This chapter does not affect rights of creditors with respect to property to which this chapter applies.
AR Code § 28-12-108 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-108. Acts of married persons

 This chapter does not prevent married persons from severing or altering their interests in property to which this chapter applies.
AR Code § 28-12-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-109. Limitations on testamentary disposition

 This chapter does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
AR Code § 28-12-110 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-110. Uniformity of application and construction

 This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
AR Code § 28-12-111 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-111. Short title

 This chapter may be cited as the “Uniform Disposition of Community Property Rights at Death Act.”
AR Code § 28-12-112 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-112. Effective date

 This chapter shall become effective on October 1, 1981.
AR Code § 28-12-113 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 12 - Disposition Of Community Property|§ 28-12-113. Repealer

 All laws and parts of laws in conflict with this chapter are repealed.
AR Code § 28-13-101 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-101. Applicability of chapter

 The provisions of this chapter shall apply to all estates which have not escheated to the state prior to March 28, 1985.
AR Code § 28-13-102 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-102. Prerequisites to escheat of property

 If any person dies seized of any real or personal estate, without any devise thereof, and leaving no heirs or representatives capable of inheriting the estate, or the devisees are incapable of holding the estate, and when there is no owner of real estate capable of holding the estate, the estate shall escheat to and vest in the county wherein the decedent resided at death.
AR Code § 28-13-103 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-103. Claims for nursing care of intestate

 (a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amount of nursing care paid for by the department for the intestate.  (b) The department may file as a distributee under the provisions of § 28-41-101 for the sum total of all nursing home payments made by the state on behalf of the intestate decedent when:  (1) The department is informed or has reason to believe that there are no known heirs or legal representatives of the intestate, or that no person will appear within one (1) year after granting letters of administration; or  (2) There has been no pleading filed to dispense with administration under § 28-41-101 to claim the personal estate of the intestate as next of kin.    (c) In the event that the property remaining exceeds the amount of payment made by the department on behalf of the decedent, the excess funds shall escheat to the state under the procedures of this chapter.
AR Code § 28-13-104 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-104. Settlement of administrator's accounts

 (a) When there is administration granted and there are no known heirs or legal representatives of the intestate, or no person shall appear, within two (2) years after granting letters of administration, to claim the personal estate of the intestate, as next of kin, the administrator, in the settlement of his or her accounts with the proper court, shall account for all money which may come to his or her hands as administrator.  (b) If there is an amount more than sufficient to pay the debts of the deceased and the expenses of the administration, the court, on settlement, shall ascertain the amount remaining in the hands of the administrator and grant duplicate certificates thereof, one (1) of which shall be delivered to the prosecuting attorney and the other to the county treasurer, who shall charge the administrator with the amount.  (c) The administrator shall pay the amount into the county treasury within three (3) months after the settlements. When the administrator pays the amount, the county treasurer shall give him or her a receipt therefor and credit him or her with the amount so paid into the treasury.  (d) The court having the settlement of accounts with the administrator, upon the production of the county treasurer's certificate to them, shall credit the administrator with the amount.  (e) However, if payment shall not be made, the prosecuting attorney for the district shall move the court for judgment against the administrator and his or her securities, or either of them, for such balance and three percent (3%) per month thereon, giving to the administrator and his or her securities ten days' notice of the intended motion. The court shall hear and determine the motion in a summary manner, without the necessity of formal pleading.  (f) If the administrator or his or her securities do not produce the county treasurer's certificate showing full payment into the county treasury, the court shall render judgment against the administrator and his or her securities, or such of them as shall receive notice, for the amount due, and three percent (3%) per month thereon from the time the balance was first ascertained until the rendition of the judgment, and the costs of the proceedings, and issue execution thereon.  (g) If the certificate of the Auditor of State is produced, the administrator and his or her securities shall, nevertheless, be adjudged to pay the costs of the proceedings and shall in no case recover costs.
AR Code § 28-13-105 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-105. Prosecuting attorney — Duties

 (a) When there are no known heirs or legal representatives, the prosecuting attorney for the district within which the courts are held wherein the accounts of any such administrator are required to be settled shall:  (1) Examine the proceedings of the administration;  (2) Cause process to be issued to compel the prompt settlement of his or her accounts;  (3) Attend the settlement, when necessary, on behalf of the county;  (4) Contest any item which to him or her shall appear unjust or unreasonable; and  (5) In case of waste and mismanagement of the estate, or other maladministration, cause proper suits and proceedings to be instituted and prosecuted.    (b) He or she is required, in behalf of the county, to do all things touching the administration which could be done by any sole heir, and especially to preserve the real estate from being improperly sold, wasted, or damaged.  (c) It is made his or her special duty, by himself or herself or his or her deputy, whom he or she may make, when inconvenient to attend in person, to attend all the courts in his or her district in which any case under this chapter may be pending.
AR Code § 28-13-106 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-106. Escheat of real property — Proceedings

 (a)  (1) When the prosecuting attorney for the district has been informed or has reason to believe that any real estate within his or her district has escheated to the county and the estate has not been sold, according to law, within three (3) years after the death of the person last seized for the payment of the debts of the deceased, he or she shall file an information, in behalf of the county, in the circuit court of the county in which the estate is situated.  (2) The information shall set forth a description of the estate, the name of the person last lawfully seized, the names of the terre-tenants and persons claiming the estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have escheated, and alleging that, by reason thereof, the county has the right to the estate.    (b) The court shall award and issue a scire facias against the person, bodies politic or corporate, who are alleged in the information to hold, possess, or claim the estate, requiring them to appear and show cause why the estate should not be vested in the county, at the next term of the court.  (c) The scire facias shall be served fifteen (15) days before the return day thereof.  (d) The court shall make an order setting forth briefly the contents of the information and requiring all persons interested in the estate to appear and show cause, at the next term of the court, why the estate shall not be vested in the county. The order shall be published for four (4) weeks in a newspaper printed in the county.  (e) All persons, bodies politic and bodies corporate, named in the information as terre-tenants or claimants of the estate may appear and plead to the proceeding and may traverse the facts stated in the information or the title of the county to the lands and tenements therein mentioned at any time on or before the third day after the return of the scire facias. Any other person claiming an interest in the estate may appear and be made defendant and plead by motion for that purpose in open court within the time allowed for pleading.  (f) If any person appears and denies the title set up by the county, or traverses any material fact in the information, issue shall be made up and tried as other issues of fact.  (g) A survey may be ordered as in other cases where the titles or boundaries of land are drawn in question.
AR Code § 28-13-107 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-107. Escheat of real property — Judgments

 (a) If no person appears and pleads, or, appearing, refuses to plead within the term, then judgment shall be rendered that the county is seized of the lands and tenements in the information claimed.  (b)  (1) If, after the issues are tried, it appears from the facts found or admitted that the county has good title to the lands and tenements in the information mentioned, or any part thereof, then judgment shall be rendered that the county is seized thereof and shall recover costs against the defendant.  (2) When any judgment shall be rendered that the county is seized of any real estate, the judgment shall contain a description of the real estate and shall vest the title in the county.    (c)  (1) If it appears that the county has no title in the estate, the defendant shall recover his or her costs, to be taxed and certified by the clerk. Upon the certificate's being filed in his or her office, the county treasurer shall issue a warrant therefor on the treasury of the county, which shall be paid as other demands on the treasury.  (2) However, no defendant shall be entitled to recover costs unless the title to the estate appears to the court, by the facts found, to be in him or her.
AR Code § 28-13-108 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-108. Escheat of real property — Vesting title in county

 (a) A writ shall be issued to the sheriff of the proper county commanding the sheriff to seize the real estate vested in the county.  (b) Upon the return of the writ of seizure, the prosecuting attorney for the district shall:  (1) Cause the record and process to be exemplified under the seal of the court;  (2) Deposit the record and process in the office of the county treasurer; and  (3) Cause a transcript of the judgment to be recorded in the office of the recorder of the county in which the lands lie.    (c) The judgment shall preclude all parties and privies thereto, their heirs and assigns, so long as the judgment shall remain in force.
AR Code § 28-13-109 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-109. Sale of escheated real estate

 (a) The county judge may cause the estate to be sold at any time after seizure, in such manner as may be provided by the quorum court. In such a case, the claimants shall be entitled to the proceeds, in lieu of the real estate, upon obtaining a decree or order reclaiming the escheated property, as provided for in § 28-13-110.  (b) All lands escheated to the State of Arkansas under the provisions of law shall be sold in the manner provided in this section.  (c) The Commissioner of State Lands shall cause the lands to be sold by the sheriffs of the several counties in which the lands may be situated, at the courthouse door in the county, at public auction for cash, on the first day of the circuit court, but first giving four (4) weeks' notice of the time, place, and terms of the sale and published in a newspaper published in the county. If there is no newspaper therein, then publication shall be by notices posted at six (6) of the most public places in the county four (4) weeks before the day of sale.  (d) Immediately upon the receipt of the purchase money, the sheriff shall pay the purchase money over to the Treasurer of State for use of the Public School Fund of the state and report the sale and the amount for which the lands were sold to the Commissioner of State Lands who shall make and keep a record thereof in his or her office.  (e) If the Commissioner of State Lands shall find the sale to have been in conformity to law and the purchase money fully paid, he or she shall execute a deed under his or her hand and official seal conveying all the title of the state in the lands to the purchaser. The deed, duly executed, shall be admitted to record and received as evidence in all the courts of this state.  (f) As compensation for his or her services in making the sale, the sheriff shall receive two percent (2%) upon the amount of the purchase money received for the land and, also, the actual cost of advertising the sale. These amounts are to be deducted from the purchase money received at the sale.
AR Code § 28-13-110 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-110. Reclamation of escheated property

 (a)  (1)  (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided at death, stating the nature of his or her claim and praying that such money may be paid to him or her.  (B) A copy of the petition shall be served on the prosecuting attorney for the district, who shall put in an answer to the petition.    (2) The court shall examine the claim and the allegations and proofs. If it finds that the person is entitled to any money paid into the treasury, the court shall make an order directing the county treasurer to issue his or her warrant on the county treasurer for the payment of the money, but without interest or costs. A copy of the order, under the seal of the court, shall be a sufficient voucher for issuing the warrant.    (b)  (1) If any person appears and claims lands vested in the county within seven (7) years after the death of the last person seized, the person, other than one who was served with scire facias or appeared to the proceeding or the person's heirs or assigns, may file his or her petition in the circuit court in the county or district where the land may lie, setting forth the nature of his or her demand or claim and praying that the estate may be relinquished to him or her.  (2) A copy of the petition shall be served on the prosecuting attorney for the district, who shall answer it. The court shall examine the claim and allegations, together with such proof as may be adduced.  (3) If it appears that the person is entitled to the lands, the court shall decree accordingly. The decree shall divest the interest of the county in the estate. However, no costs shall be adjudged against the county in such a case.    (c) All persons who fail to appear and file their petitions within the time limited shall be forever barred, except the usual saving to infants.
AR Code § 28-13-111 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-111. Review of proceedings

 Any party who has appeared to any proceedings, and the prosecuting attorney for the circuit on behalf of the county, shall have the right to prosecute an appeal or writ of error upon the judgment.
AR Code § 28-13-112 (2020)
2020 Arkansas Code|Title 28 - Wills, Estates, and Fiduciary Relationships|Subtitle 2 - Descent And Distribution|Chapter 13 - Escheated Estates|§ 28-13-112. County treasurer's duties

 The county treasurer shall keep just accounts of all moneys paid into the treasury and of all lands vested in the county under the provisions of this chapter.