reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 3 - WILLS (§§ 28-24-101 — 28-27-106) › Chapter 27 - UNIFORM TESTAMENTARY ADDITIONS TO TRUSTS ACT (§§ 28-27-101 — 28-27-106) › Section 28-27-105 - Savings clause

The repeal of any statutory provision by this chapter does not impair, or otherwise affect, any will, devise, or bequest or any trust existing on August 1, 1995, nor does the repeal of any statutory provision by this chapter impair any contract or affect any right accrued before August 1, 1995.
Acts 1995, No. 751, § 5.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 3 - WILLS (§§ 28-24-101 — 28-27-106) › Chapter 27 - UNIFORM TESTAMENTARY ADDITIONS TO TRUSTS ACT (§§ 28-27-101 — 28-27-106) › Section 28-27-106 - Effective date

This chapter takes effect on August 1, 1995.
Acts 1995, No. 751, § 6.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 38 - GENERAL PROVISIONS (§ 28-38-101) › Section 28-38-101 - Joint income tax refunds

(a)
The survivor of spouses with respect to whom a joint federal income tax return has been filed, upon the death of the other, shall be entitled to receive any refund of tax due from the Internal Revenue Service in his or her own right upon making proof of the death of the other.
(b)
Proof of death for the purpose of this section may be made by exhibiting a death certificate of a coroner, licensed physician, or appropriate state agency, or by affidavit of the survivor.
(c)
It shall be unnecessary for a survivor who has complied with the terms of this section to secure any court order to entitle him or her to receive the federal income tax refund, but he or she shall have a right to a United States Treasury check or warrant for the refund drawn in his or her favor solely.
Acts 1965, No. 381, §§ 1-3; A.S.A. 1947, §§ 62-2131 -- 62-2133.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 1 - ALLOWANCES TO FAMILY (§§ 28-39-101 — 28-39-105) › Section 28-39-101 - Allowances to surviving spouse and minor children

(a)
(1)
In addition to their homestead, dower, and curtesy rights, the surviving spouse and minor children of a decedent, or either in the absence of the other, shall be entitled to have assigned to them out of the property owned by the decedent at the time of his or her death, personal property, tangible or intangible, to be selected prior to the sale thereof by the personal representative or after sale out of the proceeds thereof by the surviving spouse, if there is a surviving spouse or, otherwise, by the guardian of the minor children, when the personal property is of the value of four thousand dollars ($4,000) as against distributees or the value of two thousand dollars ($2,000) as against creditors.
(2)
The right to such an allowance shall vest in the surviving spouse upon the death of his or her spouse, shall not terminate with his or her subsequent death or remarriage, and shall become his or her absolute property or the property of his or her estate upon death without restriction as to use, encumbrance, or disposition.
(3)
If any of the minor children are not children of the surviving spouse, the allowance shall vest in the surviving spouse to the extent of one-half (½) thereof, and the remainder shall vest in the decedent's minor children in equal shares.
(b)
Such furniture, furnishings, appliances, implements, and equipment as shall be reasonably necessary for the family use and occupancy of his or her dwelling shall be assigned to and vested in the surviving spouse, if any, provided he or she was living with the decedent at the time of his or her death.
(c)
During a period of two (2) months after the death of the decedent, the surviving spouse and minor children, or either in the absence of the other, shall be entitled to receive from the estate such reasonable amount, not exceeding in the aggregate one thousand dollars ($1,000), as in the judgment of the court may be required for their sustenance, in accordance with the usual living standards of the family.
(d)
The provisions of subsections (a)-(c) of this section shall be cumulative, and the provisions of subsections (b) and (c) of this section shall apply as against creditors and distributees.
Acts 1949, No. 140, § 108; 1951, No. 255, § 10; 1967, No. 287, § 8; 1981, No. 714, § 68; A.S.A. 1947, § 62-2501; Acts 2003, No. 177, §§ 1, 2.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 1 - ALLOWANCES TO FAMILY (§§ 28-39-101 — 28-39-105) › Section 28-39-102 - Right of surviving spouse to live in house for two months - Sustenance

A surviving spouse may reside in the chief residence of the deceased spouse for two (2) months after death, whether or not dower or curtesy is assigned sooner, without being liable for any rent. In the meantime, the surviving spouse shall have a reasonable sustenance out of the estate of the deceased spouse.
Rev. Stat., ch. 52, § 17; C. & M. Dig., § 3530; Pope's Dig., § 4415; Acts 1981, No. 714, § 69; A.S.A. 1947, § 62-2501.1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 1 - ALLOWANCES TO FAMILY (§§ 28-39-101 — 28-39-105) › Section 28-39-103 - Extension of surviving spouse's quarantine

If the dower or curtesy of any surviving spouse is not assigned and laid off within two (2) months after the death of a deceased spouse, the surviving spouse shall remain in and possess the chief residence of the deceased spouse, together with the land thereto attached, free of all rent, until dower or curtesy shall be laid off and assigned to the surviving spouse.
Rev. Stat., ch. 52, § 18; C. & M. Dig., § 3531; Pope's Dig., § 4416; Acts 1981, No. 714, § 70; A.S.A. 1947, § 62-2501.2.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 1 - ALLOWANCES TO FAMILY (§§ 28-39-101 — 28-39-105) › Section 28-39-104 - Allowance paid surviving spouse out of rent until apportionment of curtesy or dower

Until curtesy or dower is apportioned, the court shall order such sums to be paid to the surviving spouse out of the rent of the real estate as shall be in proportion to his or her interest in the real estate.
Rev. Stat., ch. 4, § 139; C. & M. Dig., § 89; Pope's Dig., § 89; Acts 1981, No. 714, § 71; A.S.A. 1947, § 62-2501.3.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 1 - ALLOWANCES TO FAMILY (§§ 28-39-101 — 28-39-105) › Section 28-39-105 - Advancements to minor distributees

If the court finds that the estate is evidently solvent and that the share of a distributee who is a minor is sufficient to provide therefor, the court may order the personal representative to pay an allowance, reasonable according to the usual standard of living of the family, to the guardian of the person or estate of the minor distributee for his or her maintenance, care, or education, and to charge the allowance against the share of the distributee.
Acts 1949, No. 140, § 109; A.S.A. 1947, § 62-2502.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 2 - HOMESTEAD RIGHTS (§§ 28-39-201 — 28-39-207) › Section 28-39-201 - Rights of surviving spouse and children

(a)
If the owner of a homestead dies leaving a surviving spouse, but no children, and the surviving spouse has no separate homestead in his or her own right, the homestead shall be exempt, and the rents and profits thereof shall vest in the surviving spouse during his or her natural life.
(b)
However, if the owner leaves one (1) or more children, the child or children shall share with the surviving spouse and be entitled to one-half (½) the rents and profits till each of them arrives at twenty-one (21) years of age, each child's right to cease at twenty-one (21) years of age, and the shares to go to the younger children and then all to go to the surviving spouse. The surviving spouse or children may reside on the homestead or not.
(c)
In case of the death of the surviving spouse, all of the homestead shall be vested in the minor children of the original homestead owner.
(d)
Any rights and benefits given by this section shall not vest until the parties have been continuously married to each other for a period in excess of one (1) year.
Acts 1981, No. 663, § 5; A.S.A. 1947, § 30-225.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 2 - HOMESTEAD RIGHTS (§§ 28-39-201 — 28-39-207) › Section 28-39-202 - Petition to reserve homestead

(a)
Whenever any resident of this state shall die, leaving a surviving spouse or children who may desire to claim the benefit of Arkansas Constitution, Article 9, §§ 6 and 10 or §
28-39-201
, he or she shall file with the probate clerk of the circuit court of the county in which the homestead is situated an accurate description of the land so claimed, or, if the land is a lot in any city, town, or village, a description of the lot shall be filed, and the surviving spouse and children shall apply to have the land or lot reserved from sale.
(b)
Immediately after the filing of the description and application, it shall be the duty of the clerk to enter upon the records of the court that the homestead has been duly reserved from sale upon the application of the claimant.
Acts 1873, No. 105, §§ 1, 2, p. 244; C. & M. Dig., §§ 5525, 5526; Pope's Dig., §§ 7164, 7165; Acts 1981, No. 714, § 43; A.S.A. 1947, §§ 62-601, 62-602; Acts 2003, No. 1185, § 274.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 2 - HOMESTEAD RIGHTS (§§ 28-39-201 — 28-39-207) › Section 28-39-203 - Appraisal of homestead - Effect

(a)
Upon written application to the clerk by any party interested in the estate of a deceased person, setting forth that the homestead so claimed by the surviving spouse or children, if a lot in any city, town, or village, exceeds the value of two thousand five hundred dollars ($2,500), it shall be the duty of the clerk to appoint forthwith three (3) trustworthy and disinterested citizens of the county as commissioners.
(b)
After having been duly summoned and sworn by the clerk for that purpose, the commissioners shall proceed without delay to make a fair appraisal of the value of the lot, with the dwellings and appurtenances thereon. Within ten (10) days thereafter, they shall return the appraisal to the office of the clerk, to be by him or her immediately filed.
(c)
If a majority of the commissioners decides that the lot so claimed as a homestead is within the valuation prescribed by the Arkansas Constitution, then it shall be the duty of the clerk to make an entry upon the records of the court, reciting the proceedings had and the return of the commissioners, and vesting the homestead in the party or parties claimant, and, also, to tax the costs of the proceedings against the party at whose instance the appraisal was made.
(d)
However, if the decision is that the lot exceeds in value the amount exempted by the Arkansas Constitution, it shall be the duty of the clerk to note the excess upon the record and tax the costs of the proceedings to the claimants.
Acts 1873, No. 105, §§ 3, 4, p. 244; C. & M. Dig., §§ 5527 -- 5529; Pope's Dig., §§ 7166 -- 7168; Acts 1981, No. 714, § 44; A.S.A. 1947, §§ 62-603, 62-604.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 2 - HOMESTEAD RIGHTS (§§ 28-39-201 — 28-39-207) › Section 28-39-204 - Sale of homestead exceeding value limitations

(a)
Whenever it shall be made to appear to the satisfaction of the court having probate jurisdiction, by the appraisal of the commissioners provided for in this chapter, that the lot exceeds in value the sum of two thousand five hundred dollars ($2,500), it shall be the duty of the court to order the lot to be sold by the sheriff of the county, at public auction to the highest bidders, for cash in hand, within sixty (60) days after the making of the order, and, upon thirty (30) days' advertisement of the sale and actual written notice served upon the surviving spouse and children, as to the time, place, and terms of the sale.
(b)
(1)
It shall be the duty of the sheriff, should the lot bring more than two thousand five hundred dollars ($2,500), to pay over immediately the excess to the administrator or executor of the estate of the deceased and to hold the two thousand five hundred dollars ($2,500), subject to the order of the court or the judge, either in term time or in vacation, as the case may be.
(2)
It shall be the duty of the court to require a full and particular account of the action of the sheriff in the premises, which shall be filed with the clerk of the court within ten (10) days after the sale.
(3)
At any time after the filing of the statement, the court or judge shall make an order allowing the surviving spouse or children, as the case may be, to select a homestead in any part of the state, which is to be paid for under the direction and supervision of the court, or judge in vacation.
(c)
If the lot does not bring more than the sum of two thousand five hundred dollars ($2,500), it shall not be again offered for sale, but shall thereafter constitute the homestead of the surviving spouse or children.
Acts 1873, No. 105, § 5, p. 244; C. & M. Dig., §§ 5530-5534; Pope's Dig., §§ 7169-7173; Acts 1981, No. 714, §§ 45, 46; A.S.A. 1947, §§ 62-605, 62-606.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 2 - HOMESTEAD RIGHTS (§§ 28-39-201 — 28-39-207) › Section 28-39-205 - Contest of commissioners' report

(a)
Either party may put in issue the truth of the report of the commissioners, by a petition filed in the court having probate jurisdiction.
(b)
A summons shall be issued as in other cases, giving at least fifteen (15) days' notice to the adverse party, requiring him or her to appear and answer.
(c)
The costs of these proceedings shall be paid as in other cases.
Acts 1873, No. 105, § 6, p. 244; C. & M. Dig., § 5535; Pope's Dig., § 7174; A.S.A. 1947, § 62-607.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 2 - HOMESTEAD RIGHTS (§§ 28-39-201 — 28-39-207) › Section 28-39-207 - Disturbance of possession - Penalty

When the provisions of the foregoing sections have been complied with by the parties claimant, any administrators or executors of the estate of the deceased who shall assume the possession of or in any manner disturb the surviving spouse or children of the deceased in the enjoyment of the homestead, or undertake to sell the homestead, shall be adjudged guilty of a misdemeanor. Upon conviction, the administrator or executor shall be imprisoned in the county jail for a term not less than one (1) month nor more than two (2) months and shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and shall also be liable upon his or her official bond to the injured parties in twice the amount of damages which they may have sustained.
Acts 1873, No. 105, § 9, p. 244; C. & M. Dig., § 5538; Pope's Dig., § 7177; Acts 1981, No. 714, § 48; A.S.A. 1947, § 62-609.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-301 - Assignment by heir - Acceptance

(a)
It shall be the duty of the heir at law of any estate of which the surviving spouse is entitled to dower or curtesy to lay off and assign the dower or curtesy as soon as practicable after the death of the deceased spouse. If the heirs to any estate are minors, they shall act, in the assignment of dower or curtesy, by their guardians.
(b)
If the dower or curtesy assigned by the heir at law is accepted by the surviving spouse, the heir at law shall make a statement of the assignment, specifying what lands have been assigned, and the acceptance of the surviving spouse shall be endorsed thereon.
(c)
The statements and specification of dower or curtesy, and acceptance thereof, shall be proved or acknowledged by both parties and filed with and recorded by the probate clerk of the circuit court, which will then be a sufficient assignment of dower or curtesy and shall bar any further demand for dower or curtesy in the property specified in the statement.
Rev. Stat., ch. 52, §§ 29-31; C. & M. Dig., §§ 3544-3546; Pope's Dig., §§ 4430-4432; Acts 1981, No. 714, §§ 49-51; A.S.A. 1947, §§ 62-701 -- 62-703.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-302 - Assignment by heir - Grant of severance rights required

(a)
The heirs in any estate cannot assign or secure an assignment of dower or curtesy in lands in this state unless and until the heirs of the estate comply with the provisions set out in subsections (b) and (c) of this section.
(b)
Before assignment of dower or curtesy can be made by the heirs as against a surviving spouse, the heirs shall first execute an agreement, or the agreement of a guardian shall be approved by the court, by which agreement the surviving spouse is given permission to sell timber on lands set aside to the surviving spouse under selective cutting practices as used or adopted by general practice in the area where the land is situated.
(c)
In addition to rights granted in subsection (b) of this section, the heirs shall grant, by proper agreement, to the surviving spouse, the right to execute good, valid, and binding oil and gas leases covering lands set aside to the surviving spouse by which the surviving spouse shall receive the bonus money for any lease and receive the delay rentals so long as they are payable, or so long as the surviving spouse lives.
(d)
Should there be production of oil or gas under any lease executed by the surviving spouse, he or she shall be entitled to receive the royalty payments so long as the surviving spouse lives.
Acts 1961, No. 189, §§ 1-4; 1981, No. 714, §§ 63-66; A.S.A. 1947, §§ 62-722 -- 62-725.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-303 - Proceedings for allotment

(a)
If dower or curtesy is not assigned to the surviving spouse within one (1) year after the death of his or her spouse, or within three (3) months after demand made therefor, the surviving spouse may file a written petition in the circuit court. This petition shall include a description of the lands in which he or she claims dower or curtesy, the names of those having interest in the lands, and the amount of the interest briefly stated in ordinary language with a prayer for the allotment of dower or curtesy. All persons interested in the property shall be summoned to appear and answer the petition.
(b)
Upon the petition's by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, the circuit court may make an order for the allotment of dower or curtesy according to the rights of the parties by commissioners appointed according to law.
(c)
Parties interested may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure.
(d)
(1)
No verification shall be required to the petition or answer.
(2)
Petitions for dower or curtesy shall be heard and determined by the court without the necessity of formal pleading upon the petition, answer, exhibits, and other testimony.
(e)
If the petition is filed against infants or persons of unsound mind, the guardian or committee may appear and defend for them and protect their interests, and, if the guardian or committee does not appear and defend, the court shall appoint some discreet person for that purpose.
(f)
If any person summoned, as provided in this section, desires to contest the rights of the petitioner or the statements in the petition, he or she shall do so by a written answer, and the questions of the law and fact thereupon arising shall be tried and determined by the circuit court.
(g)
The costs of the division and allotment shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.
Amended by Act 2013, No. 1148,§ 59, eff. 8/16/2013.
Rev. Stat., ch. 52, §§ 32, 37, 39; Civil Code, §§ 538-541, 543, 547, 548; C. & M. Dig., §§ 3547-3552, 3560; Pope's Dig., §§ 4433-4438, 4446; Acts 1981, No. 714, §§ 52-54; A.S.A. 1947, §§ 62-704 -- 62-710, 62-721; Acts 2003, No. 1185, § 275.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-304 - Assignment by commissioners

(a)
In all cases when it orders and decrees dower or curtesy to any surviving spouse, the court shall appoint three (3) commissioners of the vicinity who shall proceed to the premises in question and, by survey and measurement, lay off and designate by proper metes and bounds the dower or curtesy of the surviving spouse, in accordance with the decree of the court.
(b)
In all assignments of dower or curtesy to any surviving spouse, it shall be the duty of the commissioners, who may be appointed to lay off the dower or curtesy, if the estate will permit such a division without essential injury, to lay off the dower or curtesy in the lands of the deceased spouse so that the usual dwelling of the deceased spouse and family shall be included in the assignment of dower or curtesy to the surviving spouse.
(c)
The commissioners appointed to lay off dower or curtesy in the lands of the deceased spouse, under existing laws, shall lay off the dower or curtesy on any part of the lands of the deceased at the request of the surviving spouse who is to be endowed, whether the lands shall include the usual dwelling of the deceased spouse and family or not, if it can be done without essential injury to the estate.
(d)
The commissioners shall make a detailed report of their proceedings to the next term of the court.
(e)
Upon the report's being returned, the court may confirm or set the report aside or remand it to the commissioners for correction. If approved by the court, the report shall be entered of record and be conclusive on the parties.
Rev. Stat., ch. 52, §§ 19, 40, 41; Acts 1857, § 1, p. 167; Civil Code, § 545; C. & M. Dig., §§ 3532, 3533, 3553-3555; Pope's Dig., §§ 4417, 4418, 4439-4441; Acts 1981, No. 714, §§ 55-57, A.S.A. 1947, §§ 62-711 -- 62-715.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-305 - Rental of indivisible property

In cases in which lands or tenements will not permit division, the court, being satisfied of that fact or on the report of the commissioners to that effect, shall order that the tenements or lands be rented out and that one-third (1/3) part of the proceeds be paid to the surviving spouse in lieu of dower or curtesy in the lands or tenements.
Rev. Stat., ch. 52, § 42; C. & M. Dig., § 3556; Pope's Dig., § 4442; Acts 1981, No. 714, § 58; A.S.A. 1947, § 62-716.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-306 - Sale of property indivisible without prejudice

In proceedings in the circuit court for the allotment of dower or curtesy, when it appears to the court that dower or curtesy cannot be allotted out of the real estate without great prejudice to the surviving spouse or heirs and that it will be most to the interest of the parties that the real estate may be sold, the court may decree a sale of the real estate free from the dower or curtesy and decree that a portion of the proceeds may be paid to the surviving spouse in lieu of the dower or curtesy or interest otherwise secured to the surviving spouse as to the court may seem equitable and just.
Acts 1873, No. 53, § 10, p. 113; C. & M. Dig., § 3534; Pope's Dig., § 4419; Acts 1981, No. 714, § 59; A.S.A. 1947, § 62-717.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-307 - Rights of surviving spouse when dower or curtesy land alienated by heir

If the heir alienates lands of which a surviving spouse is entitled to dower or curtesy, he or she shall still be decreed his curtesy or her dower in the lands so alienated, in whosesoever hands the land may be.
Rev. Stat., ch. 52, § 49; C. & M. Dig., § 3558; Pope's Dig., § 4444; Acts 1981, No. 714, § 61; A.S.A. 1947, § 62-719.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-308 - Surviving spouse's bequest of growing crop

A surviving spouse may bequeath the crop in the ground of the land held by him or her in curtesy or dower at the time of his or her death. If he or she dies intestate, the crop shall go to his or her administrator.
Rev. Stat., ch. 52, § 50; C. & M. Dig., § 3559; Pope's Dig., § 4445; Acts 1981, No. 714, § 62; A.S.A. 1947, § 62-720.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 3 - ASSIGNMENT OF DOWER AND CURTESY (§§ 28-39-301 — 28-39-309) › Section 28-39-309 - Recovery of dower or curtesy lands taken from surviving spouse - Damages

If the land assigned and laid off to any surviving spouse is deforced from his or her possession, the surviving spouse shall have an action for the recovery of possession of the land, with double damages for the deforcement, or a surviving spouse may sue for the damages alone and recover double the actual damage sustained from time to time, until the surviving spouse is put in possession of the dower or curtesy held by the deforcer or detainer.
Rev. Stat., ch. 52, § 48; C. & M. Dig., § 3557; Pope's Dig., § 4443; Acts 1981, No. 714, § 60; A.S.A. 1947, § 62-718.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 4 - TAKING AGAINST THE WILL (§§ 28-39-401 — 28-39-407) › Section 28-39-401 - Rights of surviving spouse - Limitations

(a)
When a married person dies testate as to all or any part of his or her estate, the surviving spouse shall have the right to take against the will if the surviving spouse has been married to the decedent continuously for a period in excess of one (1) year.
(b)
In the event of such an election, the rights of the surviving spouse in the estate of the deceased spouse shall be limited to the following:
(1)
The surviving spouse, if a woman, shall receive dower in the deceased husband's real estate and personal property as if he had died intestate. The dower shall be additional to her homestead rights and statutory allowances; and
(2)
The surviving spouse, if a man, shall receive a curtesy interest in the real and personal property of the deceased spouse to the same extent as if she had died intestate. The curtesy interest shall be additional to his homestead rights and statutory allowances; and
(3)
If, after the assignment of dower or curtesy, as the case may be, and the payment of all statutory allowances, taxes, and debts, and the satisfaction of all testamentary gifts and devises, there shall remain some residue of the deceased spouse's estate which is not disposed of by will, then, if the deceased spouse shall have been survived by no natural or adopted child, or the descendants of any natural or adopted child, and by no parent, brother, sister, grandparent, uncle, aunt, great-grandparent, great-uncle, great-aunt, or the lineal descendants of any of them, then the surviving spouse will take by inheritance the undisposed residue.
Acts 1949, No. 140, § 33; 1970 (1st Ex. Sess.), No. 14, § 1; 1981, No. 714, § 17; A.S.A. 1947, § 60-501.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 4 - TAKING AGAINST THE WILL (§§ 28-39-401 — 28-39-407) › Section 28-39-402 - Notice to spouse of right to elect

Within one (1) month after the will of a married person has been admitted to probate, the clerk shall mail a notice to the decedent's surviving spouse at his or her mailing address, if known, in which shall be stated the time within which a written election must be filed by or on behalf of the surviving spouse in order to take against the will.
Acts 1949, No. 140, § 34; A.S.A. 1947, § 60-502.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 4 - TAKING AGAINST THE WILL (§§ 28-39-401 — 28-39-407) › Section 28-39-403 - Spouse's time limitation for filing election

(a)
The election by a surviving spouse to take against the will may be made at any time within one (1) month after the expiration of the time limited for the filing of claims.
(b)
However, if, at the expiration of the period for making the election, litigation is pending to test the validity or to determine the effect or construction of the will or to determine the existence of issue surviving the deceased or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of one (1) month after the date of the final order of the circuit court adjudicating the issue in litigation.
Acts 1949, No. 140, § 35; A.S.A. 1947, § 60-503.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 4 - TAKING AGAINST THE WILL (§§ 28-39-401 — 28-39-407) › Section 28-39-405 - Right of election personal to surviving spouse

(a)
The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse.
(b)
The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf.
Acts 1949, No. 140, § 37; A.S.A. 1947, § 60-505.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 4 - TAKING AGAINST THE WILL (§§ 28-39-401 — 28-39-407) › Section 28-39-406 - Revocation of spouse's election

An election made by or on behalf of a surviving spouse to take against the will shall be binding and shall not be subject to revocation, except within the time provided by §
28-39-403
for filing an election and prior to any distribution made on the basis of the election, or thereafter for such causes as would justify a decree for the rescission of a deed.
Acts 1949, No. 140, § 38; A.S.A. 1947, § 60-506.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 39 - RIGHTS OF SURVIVING FAMILY MEMBERS (§§ 28-39-101 — 28-39-407) › Subchapter 4 - TAKING AGAINST THE WILL (§§ 28-39-401 — 28-39-407) › Section 28-39-407 - Rights of children or issue - Limitations

(a)
Subsequently Born or Adopted Children.
Whenever a child shall have been born to or adopted by a testator after the testator has made his or her will, and the testator shall die leaving the after-born or adopted child not mentioned or provided for in his or her will either specifically or as a member of a class, the testator shall be deemed to have died intestate with respect to the child. The child shall be entitled to recover from the devisees in proportion to the amounts of their respective shares, that portion of the estate which he or she would have inherited had there been no will.
(b)
Pretermitted Children.
If, at the time of the execution of a will, there is a living child of the testator, or living child or issue of a deceased child of the testator, whom the testator shall omit to mention or provide for, either specifically or as a member of a class, the testator shall be deemed to have died intestate with respect to the child or issue. The child or issue shall be entitled to recover from the devisees in proportion to the amounts of their respective shares, that portion of the estate which he or she or they would have inherited had there been no will.
Acts 1949, No. 140, § 39; A.S.A. 1947, § 60-507.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-101 - Character of proceeding

(a)
The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction.
(b)
The entire proceeding is a proceeding in rem.
(c)
No notice shall be jurisdictional except as provided in §§
28-40-110
and
28-53-103
.
Acts 1949, No. 140, § 40; A.S.A. 1947, § 62-2101.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-102 - Venue

(a)
The venue for the probate of a will and for administration shall be:
(1)
In the county in this state where the decedent resided at the time of his or her death;
(2)
If the decedent did not reside in this state, then in the county wherein is situated the greater part, in value, of the property of the decedent located in this state;
(3)
If the decedent had no residence or property in this state, but died in this state, then in the county in which he or she died; and
(4)
If the decedent had no residence or property in this state and died outside of this state, then in any county in which a cause of action may be maintained by his or her personal representative.
(b)
The proceedings shall be deemed commenced by the filing of a petition, the issuance of letters, and the qualification of a personal representative. The proceeding first legally commenced is extended to all of the property in this state.
(c)
(1)
If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of venue by the circuit court of the county where first commenced.
(2)
If the proper venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county.
(d)
(1)
If it appears to the court at any time before the order of final distribution that the proceeding was commenced in the wrong county or that it would be for the best interest of the estate, then the court, in its discretion, may order the proceeding with all papers, files, and a certified copy of all orders therein transferred to another circuit court, which need not be a court of proper venue under other provisions of this section. The other court shall thereupon proceed to complete the administration proceeding as if originally commenced therein.
(2)
The bond, if any, of the personal representative filed in the court from which the proceeding is transferred shall remain in effect unless and until replaced by a new bond ordered and approved by the court to which the proceeding is transferred.
Acts 1949, No. 140, § 41; A.S.A. 1947, § 62-2102.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-103 - Time limit for probate and administration

(a)
No will shall be admitted to probate and no administration shall be granted unless application is made to the court for admission to probate within five (5) years from the death of the decedent, subject only to the exceptions stated in this section.
(b)
This section shall not affect the availability of appropriate equitable relief against a person who has fraudulently concealed or participated in the concealment of a will.
(c)
(1)
Insofar only as it relates to real property in Arkansas, or any interest in real property, the will of a nonresident which has been admitted to probate in another appropriate jurisdiction may be admitted to probate in this state without regard to the time limit imposed by this section.
(2)
However, rights and interests in the real property which, after the death of the testator if it is assumed that he or she died intestate, have been acquired by purchase, as evidenced by one (1) or more appropriate instruments which have been properly recorded in the office of the recorder of the county in which the real property is situated and which would be valid and effective had the decedent died intestate, shall not be adversely affected by the probate of the will in this state after the expiration of the time limit imposed by subsection (a) of this section.
Acts 1949, No. 140, § 64; 1963, No. 166, § 1; A.S.A. 1947, § 62-2125.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-104 - No will effectual until probated - Unprobated wills admitted as evidence

(a)
No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate.
(b)
Except as provided in §
28-41-101
, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of probate by the circuit court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if:
(1)
No proceeding in circuit court concerning the succession or administration of the estate has occurred; and
(2)
Either the devisee or his or her successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
(c)
The provisions of subsections (b) and (c) of this section shall be supplemental to existing laws relating to the time limit for probate of wills, and the effect of unprobated wills, and shall not be construed to repeal §
28-40-103
and subsection (a) of this section or any other law not in direct conflict herewith.
Acts 1949, No. 140, § 65; 1981, No. 347, §§ 1, 2; A.S.A. 1947, §§ 62-2126 -- 62-2126.2.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-105 - Delivery of will by custodian

(a)
After the death of a testator, the person having custody of his or her will shall deliver it to the court which has jurisdiction of the estate or to the executor named in the will.
(b)
(1)
Upon the written motion of an interested person, the clerk shall issue a citation against any person who is alleged to possess the will of a testator directing that the alleged will be produced at a time specified in the citation.
(2)
A person who willfully refuses or fails to deliver a will after being duly ordered by the court to do so shall be guilty of contempt of court. He or she shall also be liable to any aggrieved party for damages which may be sustained by such a refusal or failure.
Acts 1949, No. 140, § 42; A.S.A. 1947, § 62-2103.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-106 - Powers of nominated executor prior to appointment

(a)
Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take such steps as are reasonably necessary in the management and preservation of the property and rights of the decedent and, subject to the prior rights of members of the immediate family of the decedent, may arrange for his or her burial.
(b)
(1)
If the court refuses to admit the proffered will to probate or the person shall not qualify as executor, he or she shall not be liable for his or her acts done in good faith and for which he or she would not be liable had he or she been the lawful executor.
(2)
However, promptly upon the appointment of a personal representative, the person shall account to the personal representative for steps taken and acts performed by him or her and deliver to the personal representative any assets of the estate which have come into his or her hands.
Acts 1949, No. 140, § 43; A.S.A. 1947, § 62-2104.