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 13 - ESCHEATED ESTATES (§§ 28-13-101 — 28-13-112) › Section 28-13-112 - County treasurer's duties

The county treasurer shall keep just accounts of all moneys paid into the treasury and of all lands vested in the county under the provisions of this chapter.
Rev. Stat., ch. 57, § 22; C. & M. Dig., § 4099; Pope's Dig., § 5108; Acts 1985, No. 703, § 4; A.S.A. 1947, § 62-1822.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-101 - Definitions

In this chapter, unless the context otherwise requires:
(1)
"Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2)
"Devisee" means any person designated in a will to receive a disposition of real or personal property.
(3)
"Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(4)
"Person" means an individual, a corporation, an organization, or other legal entity.
(5)
"Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(6)
"Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(7)
"Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(8)
"Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9)
"Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(10)
"Security account" means (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (ii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(11)
"State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
Acts 1993, No. 114, § 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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-102 - Registration in beneficiary form - Sole or joint tenancy ownership

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
Acts 1993, No. 114, § 2.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-103 - Registration in beneficiary form - Applicable law

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
Acts 1993, No. 114, § 3.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-104 - Origination of registration in beneficiary form

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Acts 1993, No. 114, § 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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-105 - Form of registration in beneficiary form

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
Acts 1993, No. 114, § 5.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-106 - Effect of registration in beneficiary form

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
Acts 1993, No. 114, § 6.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-107 - Ownership on death of owner

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Acts 1993, No. 114, § 7.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-108 - Protection of registering entity

(a)
A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.
(b)
By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this chapter.
(c)
A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with §
28-14-107
and does so in good faith reliance (i) on the registration, (ii) on this chapter, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this chapter do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this chapter.
(d)
The protection provided by this chapter to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Acts 1993, No. 114, § 8.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-109 - Nontestamentary transfer on death

(a)
A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary.
(b)
This chapter does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
Acts 1993, No. 114, § 9.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-110 - Terms, conditions, and forms for registration

(a)
A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
(b)
The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1)
Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
(2)
Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr.
(3)
Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown
or
John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
Acts 1993, No. 114, § 10.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-111 - Short title - Rules of construction

(1)
This chapter shall be known as and may be cited as the "Uniform TOD Security Registration Act."
(2)
This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter among states enacting it.
(3)
Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
Acts 1993, No. 114, § 11.
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 14 - UNIFORM TOD SECURITY REGISTRATION ACT (§§ 28-14-101 — 28-14-112) › Section 28-14-112 - Application of act

This act applies to registrations of securities in beneficiary form made before or after August 13, 1993, by decedents dying on or after August 13, 1993.
Acts 1993, No. 114, § 12.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-101 - Title

This chapter may be cited as the Uniform Community Property Disposition at Death Act.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-102 - Definitions

In this chapter:
(1)
"Community-property spouse" means an individual in a marriage or other relationship:
(A)
under which community property could be acquired during the existence of the relationship; and
(B)
that remains in existence at the time of death of either party to the relationship.
(2)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3)
"Jurisdiction" means the United States, a state, a foreign country, or a political subdivision of a foreign country.
(4)
"Partition" means voluntarily divide property to which this chapter otherwise would apply.
(5)
"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(6)
"Personal representative" includes an executor, administrator, successor personal representative, special administrator, and other person that performs substantially the same function.
(7)
"Property" means anything that may be the subject of ownership, whether real or personal, tangible or intangible, legal or equitable, or any interest therein.
(8)
"Reclassify" means change the characterization or treatment of community property to property owned separately by community-property spouses.
(9)
"Record" means information:
(A)
inscribed on a tangible medium; or
(B)
stored in an electronic or other medium and retrievable in perceivable form.
(10)
"Sign" means, with present intent to authenticate or adopt a record:
(A)
execute or adopt a tangible symbol; or
(B)
attach to or logically associate with the record an electronic symbol, sound, or process.
(11)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-103 - Included and excluded property

(a)
Subject to subsection (b), this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held:
(1)
if a decedent was domiciled in this state at the time of death:
(A)
all or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:
(i)
was acquired; or
(ii)
after acquisition, became community property;
(B)
income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A); and
(C)
personal property traceable to property described in subparagraph (A) or (B); and
(2)
regardless whether a decedent was domiciled in this state at the time of death:
(A)
all or a proportionate part of each item of real property located in this state traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:
(i)
was acquired; or
(ii)
after acquisition, became community property; and
(B)
income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A).
(b)
If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this chapter applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.
(c)
This chapter does not apply to property that:
(1)
community-property spouses have partitioned or reclassified; or
(2)
is the subject of a waiver of rights granted by this chapter.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-104 - Form of partition, reclassification, or waiver

(a)
Community-property spouses domiciled in this state may partition or reclassify property to which this chapter otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses.
(b)
A community-property spouse domiciled in this state may waive a right granted by this chapter only by complying with the law of this state, including this state's choice-of-law rules, applicable to waiver of a spousal property right.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-105 - Community property presumption

All property acquired by a community-property spouse when domiciled in a jurisdiction where community property then could be acquired by the community-property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of the evidence.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-106 - Disposition of property at death

(a)
One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death.
(b)
One-half of the property to which this chapter applies belongs to the decedent and is subject to disposition by the decedent at death.
(c)
The property that belongs to the decedent under subsection (b) is not subject to the elective-share right of the surviving community-property spouse.
(d)
Except for the purpose of calculating the augmented estate of the decedent and the elective-share right of the surviving community-property spouse, this section does not apply to property transferred by right of survivorship or under a revocable trust or other nonprobate transfer.
(e)
This section does not limit the right of a surviving community-property spouse to allowances under §
28-39-101
et seq., §
28-39-201
et seq., §
28-39-301
et seq., and §
28-39-401
et seq.
(f)
If at death a decedent purports to transfer to a third person property that, under this section, belongs to the surviving community-property spouse and transfers other property to the surviving community-property spouse, this section does not limit the authority of the court under other law of this state to require that the community-property spouse elect between retaining the property transferred to the community-property spouse or asserting rights under this chapter.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-107 - Other remedies available at death

(a)
At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:
(1)
the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or
(2)
the decedent that takes effect at the death of the decedent.
(b)
In determining a right under subsection (a) and corresponding remedy, the court:
(1)
shall apply equitable principles; and
(2)
may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-108 - Right of surviving community-property spouse

(a)
The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:
(1)
In an action asserting a right in or to property, the surviving community-property spouse must:
(A)
not later than three years after the death of the decedent, commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property; or
(B)
not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.
(2)
In an action other than an action under paragraph (1), the surviving community-property spouse must:
(A)
not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or
(B)
if a personal representative is not appointed, commence the action not later than three years after the death of the decedent.
(b)
Unless a timely demand is made under subsection (a)(1)(B) or (2)(A), the personal representative may distribute the assets of the decedent's estate without personal liability for a community-property spouse's claim under this chapter.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-109 - Right of heir, devisee, or nonprobate transferee

An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:
(1)
In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee must:
(A)
not later than three years after the death of the decedent, commence an action against the surviving community-property spouse of the decedent who is in possession of the property; or
(B)
not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.
(2)
In an action other than an action under paragraph (1), the heir, devisee, or nonprobate transferee must:
(A)
not later than six months after the appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or
(B)
if a personal representative is not appointed, commence the action not later than three years after the death of the decedent.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-110 - Protection of third person

(a)
With respect to property to which this chapter applies, a person is not liable under this chapter to the extent the person:
(1)
transacts in good faith and for value:
(A)
with a community-property spouse; or
(B)
after the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and
(2)
does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.
(b)
Good faith under subsection (a)(1) does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-111 - Principles of law and equity

The principles of law and equity supplement this chapter except to the extent inconsistent with this chapter.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-112 - Uniformity of application and construction

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-113 - Saving provision

If a right with respect to property to which this chapter applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before August 1, 2023, that statute continues to apply to the right even if the statute has been repealed or superseded by this chapter.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 15 - THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT (§§ 28-15-101 — 28-15-115) › Section 28-15-114 - Transitional provision

Except as provided in §
28-15-113
, this chapter applies to a judicial proceeding with respect to property to which this chapter applies commenced on or after August 1, 2023, regardless of the date of death of the decedent.
Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
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 24 - GENERAL PROVISIONS (§§ 28-24-101 — 28-24-102) › Section 28-24-101 - Contracts affecting the devise of property

(a)
A valid agreement made by a testator to convey property devised in a will previously made shall not revoke the previous devise, but the property shall pass by the will subject to the same remedies on the agreement against the devisee as might have been enforced against the decedent if he or she had survived.
(b)
(1)
However, a contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 17, 1981, can be established only by:
(A)
Provisions of a will stating material provisions of the contract;
(B)
An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or
(C)
A writing signed by the decedent evidencing the contract.
(2)
The execution of a reciprocal or mutual will does not create a presumption of a contract not to revoke the will.
Acts 1949, No. 140, § 28; 1981, No. 658, § 1; A.S.A. 1947, § 60-412.
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 24 - GENERAL PROVISIONS (§§ 28-24-101 — 28-24-102) › Section 28-24-102 - Sale of property devised by ward not an ademption

In case of a guardian's sale or other transfer of any real or personal property specifically devised by a ward who was competent to make the will, but was incompetent at the time of the sale or transfer and never became competent thereafter, so that the devised property is not contained in the estate at the time of the ward's death, the devisee may, at his or her option, take the value of the property at the time of the ward's death with the incidents of a general devise or take the proceeds thereof with the incidents of a specific devise.
Acts 1949, No. 140, § 30; A.S.A. 1947, § 60-414.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-101 - Who may make wills

Any person of sound mind eighteen (18) years of age or older may make a will.
Acts 1949, No. 140, § 17; A.S.A. 1947, § 60-401.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-102 - Witnesses

(a)
Any person, eighteen (18) years of age or older, competent to be witness generally in this state may act as attesting witness to a will.
(b)
No will is invalidated because attested by an interested witness, but an interested witness, unless the will is also attested by two (2) qualified disinterested witnesses, shall forfeit so much of the provision therein made for him or her as in the aggregate exceeds in value, as of the date of the testator's death, what he or she would have received had the testator died intestate.
(c)
No attesting witness is interested unless the will gives to him or her some beneficial interest by way of devise.
(d)
An attesting witness, even though interested, may be compelled to testify with respect to the will.
Acts 1949, No. 140, § 18; A.S.A. 1947, § 60-402.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-103 - Execution generally

(a)
The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses.
(b)
(1)
The testator shall declare to the attesting witnesses that the instrument is his or her will and either:
(A)
Himself or herself sign;
(B)
Acknowledge his or her signature already made;
(C)
Sign by mark, his or her name being written near it and witnessed by a person who writes his or her own name as witness to the signature; or
(D)
(i)
At his or her discretion and in his or her presence have someone else sign his or her name for him or her.
(ii)
The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator.
(2)
In any of the cases listed in subdivision (b)(1) of this section:
(A)
The signature must be at the end of the instrument; and
(B)
The act must be done in the presence of two (2) or more attesting witnesses.
(c)
The attesting witnesses must sign at the request and in the presence of the testator.
Acts 1949, No. 140, § 19; A.S.A. 1947, § 60-403.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-104 - Holographic wills generally

When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding there may be no attesting witnesses to the will.
Acts 1949, No. 140, § 20; A.S.A. 1947, § 60-404.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-105 - Foreign execution

A will executed outside this state in a manner prescribed by §§
28-25-101
-
28-25-104
or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution shall have the same force and effect in this state as if executed in this state in compliance with the provisions of §§
28-25-101
-
28-25-104
.
Acts 1949, No. 140, § 21; A.S.A. 1947, § 60-405.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-106 - Affidavit of attesting witness

(a)
Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will.
(b)
The attesting witness may make and sign the affidavit at any time, either:
(1)
On his or her own initiative;
(2)
At the request of the testator; or
(3)
After the testator's death, at the request of the executor or of any other person interested.
(c)
The affidavit shall be written on the will, or, if that is impracticable, it shall be securely affixed to the will or to a true copy of the will by the officer administering the oath.
(d)
If the probate of the will is uncontested, the affidavit may be accepted by the circuit court with the same effect as if the testimony of the witness had been taken before the court.
Acts 1955, No. 106, § 1; A.S.A. 1947, § 60-417.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-107 - Incorporation of writing by reference

(a)
Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
(b)
(1)
Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in trade or business.
(2)
To be admissible under this subsection as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him or her and must describe the items and devisees with reasonable certainty.
(3)
The writing may be:
(A)
Referred to as one to be in existence at the time of the testator's death;
(B)
Prepared before or after the execution of the will;
(C)
Altered by the testator after its preparation; and
(D)
A writing which has no significance apart from its effect upon the dispositions made by the will.
Acts 1979, No. 814, §§ 3, 4; A.S.A. 1947, §§ 60-418, 60-419.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-109 - Revocation of wills

(a)
A will or any part thereof is revoked:
(1)
By a subsequent will which revokes the prior will or part expressly or by inconsistency; or
(2)
By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.
(b)
If, after making a will, the testator is divorced or the marriage of the testator is annulled, all provisions in the will in favor of the testator's spouse so divorced are revoked. With these exceptions, no will or any part thereof shall be revoked by any change in the circumstances, condition, or marital status of the testator, subject, however, to the provisions of §
28-39-401
.
(c)
When there has been a partial revocation, reattestation of the remainder of the will shall not be required.
Acts 1949, No. 140, §§ 22, 23; 1979, No. 814, §§ 1, 2; A.S.A. 1947, §§ 60-406, 60-407.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-110 - Revival of revoked or invalid will

No will or any part thereof which shall be revoked, or which shall be or become invalid, can be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference.
Acts 1949, No. 140, § 24; A.S.A. 1947, § 60-408.
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 25 - EXECUTION AND REVOCATION (§§ 28-25-101 — 28-25-111) › Section 28-25-111 - Life insurance policy or annuity contract - Proceeds

A testamentary change to a designated or named beneficiary of a life insurance policy or annuity contract is ineffective if the change is not made according to the terms of the life insurance policy or annuity contract.
Added by Act 2021, No. 925,§ 2, eff. 7/28/2021.
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 26 - CONSTRUCTION AND OPERATION (§§ 28-26-101 — 28-26-105) › Section 28-26-101 - Construction of will

(a)
The court in which a will is probated or to which the administration proceeding may have been transferred shall have jurisdiction to construe it at any time during the administration.
(b)
The construction may be made on the petition of the personal representative or of any other person interested in the will, or if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of the issue.
(c)
When a petition for the construction of a will is filed, notice of the hearing shall be given to persons interested in the construction of the will.
Acts 1949, No. 140, § 32; A.S.A. 1947, § 60-416.
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 26 - CONSTRUCTION AND OPERATION (§§ 28-26-101 — 28-26-105) › Section 28-26-102 - After-acquired property

Property acquired by the testator after the making of the testator's will shall pass as if title to the property was vested in the testator at the time of making the will, unless the contrary intention manifestly appears in the will.
Acts 1949, No. 140, § 25; A.S.A. 1947, § 60-409.
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 26 - CONSTRUCTION AND OPERATION (§§ 28-26-101 — 28-26-105) › Section 28-26-103 - Partial intestacy

If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided by law with respect to the estates of intestates.
Acts 1949, No. 140, § 27; A.S.A. 1947, § 60-411.
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 26 - CONSTRUCTION AND OPERATION (§§ 28-26-101 — 28-26-105) › Section 28-26-104 - Failure of a testamentary provision

Unless a contrary intent is indicated by the terms of the will, the following rules shall apply:
(1)
Except as provided in subdivision (2) of this section:
(A)
If a devise other than a residuary devise fails for any reason, it becomes a part of the residue; and
(B)
If the residue is devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his or her share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue; and
(2)
Whenever property is devised to a child, natural or adopted, or other descendant of the testator, either by specific provision or as a member of a class, and the devisee shall die in the lifetime of the testator, leaving a child, natural or adopted, or other descendant who survives the testator, the devise shall not lapse, but the property shall vest in the surviving child or other descendant of the devisee, as if the devisee had survived the testator and died intestate.
Acts 1949, No. 140, § 26; 1979, No. 813, § 1; A.S.A. 1947, § 60-410.
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 26 - CONSTRUCTION AND OPERATION (§§ 28-26-101 — 28-26-105) › Section 28-26-105 - Devise of encumbered property

A valid charge or encumbrance upon any property shall not revoke any provision of a previously executed will relating to the same property. However, the devisee shall take the property subject to the charge or encumbrance, the discharge of which will be governed by the provisions of §
28-53-113
.
Acts 1949, No. 140, § 29; A.S.A. 1947, § 60-413.
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 28-27-101 - Testamentary additions to trusts

(a)
A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, or (ii) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.
(b)
Unless the testator's will provides otherwise, property devised or bequeathed to a trust described in subsection (a) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised or bequeathed, and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.
(c)
Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse.
Acts 1995, No. 751, § 1.
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 28-27-102 - Effect on existing wills

This chapter applies to a will of a testator who dies after July 31, 1995.
Acts 1995, No. 751, § 2.
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 28-27-103 - Uniformity of application and construction

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Acts 1995, No. 751, § 3.
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 28-27-104 - Short title

This chapter may be cited as the "Uniform Testamentary Additions to Trusts Act of 1995."
Acts 1995, No. 751, § 4.