reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 10 - UNIFORM SIMULTANEOUS DEATH ACT (§§ 28-10-101 — 28-10-212) › Subchapter 2 - UNIFORM SIMULTANEOUS DEATH ACT (2005) › Section 28-10-205 - Evidence of death or status

In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(1)
Death occurs when an individual has sustained either:
(1)
irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem. A determination of death must be made in accordance with accepted medical standards.
(2)
A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(3)
A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(4)
In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(5)
An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
(6)
In the absence of evidence disputing the time of death stipulated on a document described in paragraph (2) or (3), a document described in paragraph (2) or (3) that stipulates a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
Acts 2005, No. 74, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 10 - UNIFORM SIMULTANEOUS DEATH ACT (§§ 28-10-101 — 28-10-212) › Subchapter 2 - UNIFORM SIMULTANEOUS DEATH ACT (2005) › Section 28-10-206 - Exceptions

This subchapter does not apply if:
(1)
the governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
(2)
the governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event for a specified period;
(3)
the imposition of 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under any rule against perpetuities; or
(4)
the application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition.
Acts 2005, No. 74, § 1; 2007, No. 240, § 4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 10 - UNIFORM SIMULTANEOUS DEATH ACT (§§ 28-10-101 — 28-10-212) › Subchapter 2 - UNIFORM SIMULTANEOUS DEATH ACT (2005) › Section 28-10-208 - Uniformity of application and construction

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it.
Acts 2005, No. 74, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 10 - UNIFORM SIMULTANEOUS DEATH ACT (§§ 28-10-101 — 28-10-212) › Subchapter 2 - UNIFORM SIMULTANEOUS DEATH ACT (2005) › Section 28-10-209 - Short title

This subchapter may be cited as the "Uniform Simultaneous Death Act (2005)".
Acts 2005, No. 74, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 10 - UNIFORM SIMULTANEOUS DEATH ACT (§§ 28-10-101 — 28-10-212) › Subchapter 2 - UNIFORM SIMULTANEOUS DEATH ACT (2005) › Section 28-10-211 - Severability clause

If any provision of this subchapter or its application to any persons or circumstance is held invalid, the invalidity does not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.
Acts 2005, No. 74, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 10 - UNIFORM SIMULTANEOUS DEATH ACT (§§ 28-10-101 — 28-10-212) › Subchapter 2 - UNIFORM SIMULTANEOUS DEATH ACT (2005) › Section 28-10-212 - Effective date

(a)
This subchapter takes effect January 1, 2006.
(b)
On the effective date of this subchapter:
(1)
an act done before the effective date in any proceeding and any accrued right is not impaired by this subchapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before the effective date, the provisions remain in force with respect to that right; and
(2)
any rule of construction or presumption provided in this subchapter applies to instruments executed and multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent.
Acts 2005, No. 74, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-11-101 — 28-11-102) › Section 28-11-101 - Definition

As used in this chapter, "endowed" means invested and shall apply both to dower and curtesy.
Rev. Stat., ch. 52, § 1; C. & M. Dig., § 3514; Pope's Dig., § 4396; Acts 1981, No. 714, § 18; A.S.A. 1947, § 61-201.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-11-101 — 28-11-102) › Section 28-11-102 - Descent of land upon death of spouse having dower or curtesy interest

At the death of any surviving spouse who has dower or curtesy for life in land, the property shall descend in accordance with the will of the first deceased spouse or, if the first spouse died intestate, then to descend in accordance with the law for the distribution of intestates' estates.
Rev. Stat., ch. 52, § 22; C. & M. Dig., § 3537; Pope's Dig., § 4423; Acts 1981, No. 714, § 39; A.S.A. 1947, § 61-227.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 2 - ENTITLEMENT GENERALLY (§§ 28-11-201 — 28-11-204) › Section 28-11-201 - Actions of spouse not to bar right to dower or curtesy

(a)
No act, deed, or conveyance executed or performed by one (1) spouse without the assent of the other spouse, evinced by acknowledgment in the manner required by law, shall pass the estate of dower or curtesy.
(b)
No judgment, default, covin, or crime of one (1) spouse shall prejudice the right of the other spouse to curtesy or dower, or preclude either spouse from the recovery thereof, if otherwise entitled thereto.
Rev. Stat., ch. 52, § 16; C. & M. Dig., § 3529; Pope's Dig., § 4413; Acts 1981, No. 714, § 25; A.S.A. 1947, § 61-208.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 2 - ENTITLEMENT GENERALLY (§§ 28-11-201 — 28-11-204) › Section 28-11-202 - Surviving spouse of alien entitled to dower or curtesy

The surviving spouse of an alien shall be entitled to dower in the estate of the deceased spouse in the same manner as if the alien had been a native-born citizen of this state.
Acts 1939, No. 313, § 4; A.S.A. 1947, § 61-231.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 2 - ENTITLEMENT GENERALLY (§§ 28-11-201 — 28-11-204) › Section 28-11-203 - Right of dower and curtesy barred

(a)
The inchoate right of dower or curtesy of any spouse in real property in the State of Arkansas is barred in all cases when or where the other spouse has been barred of title or of any interest in the property for seven (7) years or more and also in real property or interest conveyed by the husband or wife but not signed by the other spouse when the conveyance is made or has been made for a period of seven (7) years or more.
(b)
(1)
This section shall affect the inchoate right of dower and curtesy of a spouse in real property in this state only where or when the husband or wife has been barred of title for seven (7) years or more, or when a conveyance by the husband or wife, without the signature of the other spouse, has been made for a period of seven (7) years or more.
(2)
However, this section shall not apply unless the instrument of conveyance by the husband or wife has been of record for at least seven (7) years.
Acts 1935, No. 84, § 1; Pope's Dig., §§ 4414, 8919; Acts 1981, No. 714, § 38; A.S.A. 1947, § 61-226.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 2 - ENTITLEMENT GENERALLY (§§ 28-11-201 — 28-11-204) › Section 28-11-204 - Murder of spouse - Effect

(a)
Whenever a spouse shall kill or slay his or her spouse and the killing or slaying would under the law constitute murder, either in the first or second degree, and that spouse shall be convicted of murder for the killing or slaying, in either the first or second degree, the one so convicted shall not be endowed in the real or personal estate of the decedent spouse so killed or slain.
(b)
In the event that a decedent spouse under this section dies without a will, the descendents of the one so convicted shall not benefit from the estate of the decedent spouse unless the descendents of the spouse that committed the murder are also descendants of the decedent spouse.
Amended by Act 2013, No. 1019,§ 1, eff. 8/16/2013.
Acts 1939, No. 313, § 3; A.S.A. 1947, § 61-230.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 3 - EXTENT OF INTEREST (§§ 28-11-301 — 28-11-307) › Section 28-11-301 - Land generally

(a)
If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be endowed of the third part of all the lands for life whereof his or her spouse was seized, of an estate of inheritance, at any time during the marriage, unless the endowment shall have been relinquished in legal form.
(b)
A person shall have a dower or curtesy right in lands sold in the lifetime of his or her spouse without consent of the spouse in legal form against all creditors of the estate.
Rev. Stat., ch. 52, §§ 1, 28; C. & M. Dig., §§ 3514, 3543; Pope's Dig., §§ 4396, 4429; Acts 1981, No. 714, §§ 18, 24; A.S.A. 1947, §§ 61-201, 61-207.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 3 - EXTENT OF INTEREST (§§ 28-11-301 — 28-11-307) › Section 28-11-302 - Lands exchanged - Election

If a person seized of an estate of inheritance in lands exchanges it for other lands, the surviving spouse shall not have curtesy or dower of both, but shall make an election to curtesy or dower in the lands given or of those taken in exchange. If the election is not evinced by the commencement of proceedings to recover curtesy or dower of the lands given in exchange within one (1) year after the death of the deceased spouse, the surviving spouse shall be deemed to have elected to take the curtesy or dower of the lands received in exchange.
Rev. Stat., ch. 52, § 3; C. & M. Dig., § 3516; Pope's Dig., § 4400; Acts 1981, No. 714, § 26; A.S.A. 1947, § 61-209.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 3 - EXTENT OF INTEREST (§§ 28-11-301 — 28-11-307) › Section 28-11-303 - Mortgaged land

(a)
When a person seized of an estate of inheritance in land shall have executed a mortgage of the estate before marriage, the surviving spouse, nevertheless, shall be entitled to dower or curtesy out of the lands mortgaged as against every person except the mortgagee and those claiming under him or her.
(b)
(1)
When a person shall purchase lands during coverture and shall mortgage his or her estate in the lands to secure the payment of the purchase money, the surviving spouse shall not be entitled to dower or curtesy out of the lands as against the mortgagee or those claiming under him or her, although he or she shall not have united in the mortgage. However, he or she shall be entitled to dower or curtesy as against all other persons.
(2)
When, in such a case, the mortgagee or those claiming under him or her, shall, after the death of the mortgagor, cause the land mortgaged to be sold, either under a power contained in the mortgage or by virtue of the decree of a circuit court and any surplus shall remain after the payment of the moneys due on the mortgage and the costs and charges of sale, then the surviving spouse shall be entitled to the interest or income of one-third (1/3) part of the surplus for life, as his or her curtesy or dower.
(c)
A surviving spouse shall not be endowed of lands conveyed to the deceased spouse by way of mortgage unless the deceased spouse has acquired an absolute estate therein during the marriage.
Rev. Stat., ch. 52, §§ 4-7; C. & M. Dig., §§ 3517-3520; Pope's Dig., §§ 4401-4404; Acts 1981, No. 714, §§ 27-30; A.S.A. 1947, §§ 61-210 -- 61-213.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 3 - EXTENT OF INTEREST (§§ 28-11-301 — 28-11-307) › Section 28-11-304 - Sale of timber, oil, gas, or mineral leases

(a)
If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, absolutely and in his or her own right, to one-third (1/3) of all money received from the sale of timber, oil and gas or other mineral leases, oil and gas or other mineral royalty or mineral sales, and to one-third (1/3) of the money derived from any and all royalty run to the credit of the royalty owners from any oil or gas well or to royalty accruing from the production of other mines or minerals in lands in which he or she has a dower, curtesy, or homestead interest, unless the surviving spouse shall have relinquished same in legal form.
(b)
(1)
All persons, firms, partnerships, or corporations now engaged in the production of oil and gas or other minerals shall immediately withhold payments to the royalty interests until the rights of the surviving spouse are determined, as defined by this section, and shall thereafter pay the surviving spouse separately his or her one-third (1/3) part of all royalty accruing to the royalty interest unless he or she shall have relinquished the royalty interest in legal form.
(2)
In the sale of timber, the purchaser shall pay one-third (1/3) of the purchase price directly to the surviving spouse or his or her agent or attorney at the time of the execution or delivery of the deed.
Acts 1945, No. 143, §§ 1, 2; 1963, No. 68, § 1; 1981, No. 714, §§ 21, 22; A.S.A. 1947, §§ 61-204, 61-205.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 3 - EXTENT OF INTEREST (§§ 28-11-301 — 28-11-307) › Section 28-11-305 - Personalty

If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (1/3) part of the personal estate whereof the deceased spouse died seized or possessed.
Rev. Stat., ch. 52, § 20; C. & M. Dig., § 3535; Pope's Dig., § 4420; Acts 1981, No. 714, § 19; A.S.A. 1947, § 61-202.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 3 - EXTENT OF INTEREST (§§ 28-11-301 — 28-11-307) › Section 28-11-306 - Bonds, notes, accounts, and evidences of debt

If any person shall die leaving a surviving spouse, the surviving spouse shall be allowed to take the same dower or curtesy in the bonds, bills, notes, books, accounts, and evidences of debt as the surviving spouse would be entitled to take out of the personal property or cash on hand of the deceased spouse.
Acts 1859, No. 231, § 1, p. 299; 1867, No. 116, § 1, p. 277; C. & M. Dig., § 3535; Pope's Dig., § 4420; Acts 1981, No. 714, § 20; A.S.A. 1947, § 61-203.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 3 - EXTENT OF INTEREST (§§ 28-11-301 — 28-11-307) › Section 28-11-307 - Dower or curtesy when no children

(a)
(1)
If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs.
(2)
However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely.
(b)
If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (½) of the estate as against collateral heirs and one-third (1/3) as against creditors.
Rev. Stat., ch. 52, § 21; Acts 1891, No. 65, § 1; C. & M. Dig., § 3536; Pope's Dig., § 4421; Acts 1981, No. 714, § 23; A.S.A. 1947, § 61-206.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 4 - PROVISIONS IN LIEU OF DOWER OR CURTESY (§§ 28-11-401 — 28-11-405) › Section 28-11-401 - Jointure or payment with spouse's assent

(a)
When an estate in land shall be conveyed to a person and his or her intended spouse, or to the intended spouse alone, or to any person in trust for the person and his or her intended spouse, or in trust for the spouse alone, for the purpose of erecting a jointure for the intended spouse, and with his or her assent, the jointure shall be a bar to any right or claim for dower or curtesy of the spouse in any land of the other spouse.
(b)
The assent of the spouse to the jointure shall be evinced, if he or she is of full age, by his or her becoming a party to the conveyance by which it shall be settled or, if the spouse is an infant, by his or her joining with his or her father or guardian in the conveyance.
(c)
Any pecuniary provision that shall be made for the benefit of an intended spouse, and in lieu of dower or curtesy, if assented to by the intended spouse, as provided in this section, shall be a bar to any right or claim of dower or curtesy of the spouse in all lands of his or her spouse.
Rev. Stat., ch. 52, §§ 9-11; C. & M. Dig., §§ 3522-3524; Pope's Dig., §§ 4406-4408; Acts 1981, No. 714, §§ 31-33; A.S.A. 1947, §§ 61-214 -- 61-216.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 4 - PROVISIONS IN LIEU OF DOWER OR CURTESY (§§ 28-11-401 — 28-11-405) › Section 28-11-402 - Jointure or payment - Election of spouse

If, before the marriage, but without a spouse's assent, or if, after the marriage, land shall be given or assured for the jointure of a spouse or a pecuniary provision shall be made for the spouse in lieu of dower or curtesy, the spouse shall make an election whether the spouse will take the jointure or pecuniary provision, or whether the spouse will be endowed of the lands of the other spouse. However, the spouse shall not be entitled to both.
Rev. Stat., ch. 52, § 12; C. & M. Dig., § 3525; Pope's Dig., § 4409; Acts 1981, No. 714, § 34; A.S.A. 1947, § 61-217.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 4 - PROVISIONS IN LIEU OF DOWER OR CURTESY (§§ 28-11-401 — 28-11-405) › Section 28-11-403 - Devise or bequest - Election of spouse

If land is devised to a spouse, or a pecuniary or other provision is made for a spouse by will in lieu of dower or curtesy, the spouse shall make an election whether he or she will take the land so devised, or the provision so made, or whether he or she will be endowed of the lands of the other spouse.
Rev. Stat., ch. 52, § 13; C. & M. Dig., § 3526; Pope's Dig., § 4410; Acts 1981, No. 714, § 35; A.S.A. 1947, § 61-218.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 4 - PROVISIONS IN LIEU OF DOWER OR CURTESY (§§ 28-11-401 — 28-11-405) › Section 28-11-404 - Devise deemed in lieu of dower or curtesy

If any spouse shall devise and bequeath to the other spouse any portion of his or her real estate of which he or she died seized, it shall be deemed and taken in lieu of dower or curtesy, as the case may be, out of the estate of the deceased spouse, unless the testator shall, in his or her will, declare otherwise.
Rev. Stat., ch. 52, § 23; C. & M. Dig., § 3538; Pope's Dig., § 4424; Acts 1981, No. 714, § 37; A.S.A. 1947, § 61-221.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 11 - DOWER AND CURTESY (§§ 28-11-101 — 28-11-405) › Subchapter 4 - PROVISIONS IN LIEU OF DOWER OR CURTESY (§§ 28-11-401 — 28-11-405) › Section 28-11-405 - Forfeiture

Every jointure, devise, and pecuniary provision, in lieu of dower or curtesy, shall be forfeited by the spouse for whose benefit it shall be made, in the same cases in which the spouse would forfeit his or her dower or curtesy, as the case may be. Upon such a forfeiture, any estate so conveyed for jointure and every pecuniary provision so made shall immediately vest in the person, or his or her legal representatives, in whom they would have vested on the determination of the spouse's interest therein by the death of the spouse.
Rev. Stat., ch. 52, § 15; C. & M. Dig., § 3528; Pope's Dig., § 4412; Acts 1981, No. 714, § 36; A.S.A. 1947, § 61-220.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-101 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 1; A.S.A. 1947, § 61-401.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-102 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 2; A.S.A. 1947, § 61-402.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-103 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 3; A.S.A. 1947, § 61-403.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-104 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 4; A.S.A. 1947, § 61-404.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-105 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 5; A.S.A. 1947, § 61-405.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-106 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 6; A.S.A. 1947, § 61-406.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-107 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 7; A.S.A. 1947, § 61-407.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-108 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 8; A.S.A. 1947, § 61-408.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-109 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 9; A.S.A. 1947, § 61-409.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-110 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 10; A.S.A. 1947, § 61-410.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-111 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 11; A.S.A. 1947, § 61-411.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-112 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 17[12]; A.S.A. 1947, § 61-114n.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 12 - DISPOSITION OF COMMUNITY PROPERTY (§§ 28-12-101 — 28-12-113) › Section 28-12-113 - [Repealed]

Repealed by Act 2023, No. 582,§ 2, eff. 8/1/2023.
Acts 1981, No. 660, § 13.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Acts 1985, No. 703, § 6; A.S.A. 1947, § 62-1833.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, § 1; C. & M. Dig., § 4078; Pope's Dig., § 5087; Acts 1985, No. 703, § 2; A.S.A. 1947, § 62-1801.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Acts 1979, No. 899, §§ 1-3; A.S.A. 1947, §§ 62-2615 -- 62-2617; Acts 2001, No. 927, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, §§ 2-7; C. & M. Dig., §§ 4079-4084; Pope's Dig., §§ 5088-5093; Acts 1985, No. 703, § 3; A.S.A. 1947, §§ 62-1802 -- 62-1807.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, §§ 8, 9; C. & M. Dig., §§ 4085, 4086; Pope's Dig., §§ 5094, 5095; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1808, 62-1809.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, §§ 10-13, 15; C. & M. Dig., §§ 4087-4090, 4092; Pope's Dig., §§ 5096-5099, 5101; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1810 -- 62-1813, 62-1815.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, §§ 14, 16-18; C. & M. Dig., §§ 4091, 4093-4095; Pope's Dig., §§ 5100, 5102-5104; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1814, 62-1816 -- 62-1818.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, §§ 19, 20; C. & M. Dig., §§ 4096, 4097; Pope's Dig., §§ 5105, 5106; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1819, 62-1820.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, § 28; Acts 1885, No. 18, §§ 1-4, p. 22; C. & M. Dig., §§ 4105-4109; Pope's Dig., §§ 5114-5118; Acts 1985, No. 703, § 5; A.S.A. 1947, §§ 62-1828 -- 62-1832.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, §§ 23-27; C. & M. Dig., §§ 4100-4104; Pope's Dig., §§ 5109-5113; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1823 -- 62-1827.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 2 - DESCENT AND DISTRIBUTION (§§ 28-8-101 — 28-15-115) › Chapter 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 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.
Rev. Stat., ch. 57, § 21; C. & M. Dig., § 4098; Pope's Dig., § 5107; Acts 1985, No. 703, § 4; A.S.A. 1947, § 62-1821.