reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-104 - Form of accounts

(a)
Accounts rendered by a personal representative shall:
(1)
Cover a period distinctly stated;
(2)
Be accompanied by proper vouchers; and
(3)
Contain, separately listed, the following information:
(A)
Charges against the personal representative which shall include the property according to the inventory or the balance of it according to the last prior account, all income and property received, and any gains from the sale, conveyance, or other disposition of any property not shown by a prior account;
(B)
Credits to which the personal representative is entitled other than payments to distributees;
(C)
Assets paid or delivered to distributees;
(D)
The balance on hand at the time of settlement and a description of the assets constituting the balance; and
(E)
The unpaid liabilities of the estate.
(b)
The court may require the account to be made more definite and certain in any respect and may provide for the inspection or verification of the balance of assets on hand.
(c)
(1)
In all cases in which the personal representative is sole distributee of the estate or in which all of the distributees who are competent and the duly appointed guardians of all incompetent distributees have filed their written waiver of the requirement of the accounting, a formal accounting as required in the preceding portions of this section need not be filed, and it shall be sufficient if the personal representative files a verified statement setting forth the following:
(A)
That notice to creditors has been published as required by law and the time for filing claims against the estate has expired;
(B)
That there are no unpaid claims;
(C)
That all state and federal estate taxes have been paid and a copy of the federal estate tax return which has been filed has been made available to all the distributees ultimately required to bear a portion of the tax, or to their guardian; and
(D)
That distribution has been made in full to all persons entitled as distributees of the estate.
(2)
However, if any person asserting a claim against the estate or claiming any interest therein which would entitle the person to formal accounting shall file written demand, the personal representative shall comply with the provisions of this section as to formal accounting as in ordinary cases, unless it shall be shown to the court that the alleged claim is invalid or has been paid, or that the person alleging the interest in the estate has in fact no interest therein entitling the person to an accounting.
Acts 1949, No. 140, § 150; 1967, No. 287, § 15; 1975, No. 620, § 12; A.S.A. 1947, § 62-2804.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-105 - Petitions for settlement and distribution

(a)
At the time of filing an account, the personal representative shall petition the court to settle and allow his or her account.
(b)
If the estate is in a proper condition to be closed, he or she shall also petition the court for an order authorizing him or her to distribute the estate and shall specify in the petition the persons to whom distribution is to be made and the proportions or parts of the estate to which each is entitled, or he or she may petition the court to approve a distribution already made.
Acts 1949, No. 140, § 151; A.S.A. 1947, § 62-2805.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-106 - Notice of filing of accounts

During the first week of each month the clerk shall publish, in a newspaper published or having a general circulation in the county, a notice of estates in which accounts have been filed by personal representatives during the preceding month, listing in alphabetical order the names of the estates, with the names of the personal representatives thereof and the respective dates of the filing of the accounts, and calling on interested persons to file objections to the accounts on or before the sixtieth day following the filing of the respective accounts, failing which the persons will be barred forever from excepting to the account.
Acts 1949, No. 140, § 152; A.S.A. 1947, § 62-2806.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-107 - Continuance - Hearing - Objections

(a)
Every account filed by a personal representative shall be continued without being acted on for a period of sixty (60) days from the date of its filing.
(b)
The court may, and upon motion of an interested person shall, set the hearing on the account for a day certain.
(c)
(1)
At any time prior to the hearing on an account of a personal representative, an interested person may file written objections to any item or omission in the account.
(2)
All objections shall be specific and shall indicate the modification desired.
Acts 1949, No. 140, §§ 153, 154; A.S.A. 1947, §§ 62-2807, 62-2808.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-108 - Reference to auditor

(a)
In its discretion, the court may refer an account to an auditor for examination and restatement.
(b)
The auditor shall be governed by the law which applies to a master in circuit court for the examination and restatement of an account.
(c)
Upon restatement of the account, the auditor shall file it with the court.
(d)
The court shall examine the account as restated at a hearing held after notice of the hearing given to the personal representative and other persons, if any, as the court may direct.
(e)
After the hearing the court may approve, modify, or disapprove the account as restated.
Acts 1949, No. 140, § 155; A.S.A. 1947, § 62-2809.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-109 - Order settling account

(a)
Upon the approval of the account of a personal representative, the personal representative and his or her sureties, subject to the right of appeal and to the power of the court to vacate its final orders, shall be relieved from liability for the administration of his or her trust during the accounting period, including the investment of the assets of the estate.
(b)
The court may disapprove the account in whole or in part and surcharge the personal representative for any loss caused by any breach of duty.
Acts 1949, No. 140, § 156; A.S.A. 1947, § 62-2810.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-110 - Supplemental account

Receipts and disbursements by the personal representative subsequent to the filing of his or her final accounts shall be reported to the court for approval and may be incorporated in the report of final distribution.
Acts 1949, No. 140, § 157; A.S.A. 1947, § 62-2811.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-102 - Partial distribution

(a)
Delivery of Specific Property to Distributee Before Final Order.
(1)
Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees or claimants are not prejudiced thereby.
(2)
At any time prior to the order of final distribution, the court may order the return of the property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for the return.
(b)
Distribution of Part of Estate.
(1)
After the expiration of the time for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be ordered, after notice to such interested persons, if any, as the court may direct.
(2)
The partial distribution shall be as conclusive as an order of final distribution with respect to the estate distributed except to the extent that other distributees or claimants are deprived of the fair share or amount which they would otherwise receive on final distribution.
(3)
Before a partial distribution is so ordered, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees or claimants who may be prejudiced by any partial distribution.
Acts 1949, No. 140, § 160; A.S.A. 1947, § 62-2901.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-103 - Order of final distribution - Notice and hearing

(a)
Upon the filing of a final account of a personal representative praying for an order of final distribution or for approval of final distribution previously made, the court shall fix a date for hearing, not earlier than sixty (60) days after such a filing.
(b)
In addition to the notice required by §
28-52-106
, the clerk, by one (1) or more of the methods provided by §
28-1-112
as the court may by rule or specific order direct, shall notify all distributees of the estate, the surviving spouse, if any, of the decedent, all unpaid creditors, the surety of the personal representative, and such other persons, if any, as the court may direct, of the filing of the final account and the date set for hearing thereon.
(c)
However, the court may order a final distribution or approve a final distribution previously made immediately upon the filing of the final account when it appears to the court that all parties in interest who are of full age and under no disability have waived the notice and hearing and that the guardians of all parties in interest who are minors or under disability of incompetency have waived the notice and hearing.
Acts 1949, No. 140, § 161; 1959, No. 190, § 1; 1971, No. 334, § 1; A.S.A. 1947, § 62-2902.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-104 - Order of final distribution - Contents

(a)
The order authorizing, directing, or approving a final distribution shall state that:
(1)
Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;
(2)
The notice required by §
28-53-103
has been given or has been waived;
(3)
The time for filing claims against the estate has expired;
(4)
All claims have been paid, or contain a list of unpaid claims;
(5)
There are contingent claims which have been allowed and whether the distributees take subject thereto;
(6)
All state and federal inheritance and estate taxes have been paid or provided for; and
(7)
The distribution authorized or approved is according to law.
(b)
If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond.
Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-105 - Order of final distribution - Conclusiveness

(a)
The order of final distribution shall be a conclusive determination as to the persons who are the successors in interest to that part of the estate of the decedent passing through the hands of the personal representative and as to the extent and character of their interests therein, subject only to the right of appeal and the right to reopen the order.
(b)
The order shall not affect the rights of third parties acquired from or through a distributee, as against the distributee.
Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-106 - Account not approved

If the final account is not approved, the court shall enter an order specifying wherein and the extent to which the account is not approved and directing a restatement of the account and such further action, if any, on the part of the personal representative as the court finds to be proper.
Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-107 - Abatement

(a)
Except as provided in subsection (c) of this section, shares of the distributees shall abate for the payment of claims, legacies, the family allowances, the shares of pretermitted heirs, or the share of the surviving spouse who is entitled to and elects to take against the will, without any preference or priority as between real and personal property, in the following order:
(1)
Property not disposed of by the will;
(2)
Property devised to the residuary devisee;
(3)
Property disposed of by the will but not specifically devised and not devised to the residuary devisee; and
(4)
Property specifically devised.
(b)
(1)
A general devise charged on any specific property or fund, for purpose of abatement, shall be deemed property specifically devised to the extent of the value of the thing on which it is charged.
(2)
Upon the failure or insufficiency of the thing on which it is charged, it shall be deemed property not specifically devised to the extent of the failure or insufficiency.
(c)
If the provisions of the will or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) of this section, the shares of distributees shall abate in such other manner as may be found necessary to give effect to the intention of the testator.
Acts 1949, No. 140, § 162; A.S.A. 1947, § 62-2903.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-108 - Contribution

(a)
When real or personal property which has been specifically devised or charged with a legacy shall be sold or taken by the personal representative for the payment of claims, general legacies, the family allowances, the shares of pretermitted heirs, or the share of a surviving spouse who elects to take against the will, other legatees and devisees shall contribute according to their respective interests to the legatee or devisee whose legacy or devise has been sold or taken so as to accomplish an abatement in accordance with the provisions of §
28-53-107
.
(b)
The court shall determine, at the time of the hearing on the petition for final distribution, the amounts of the respective contributions and whether the contributions shall be made before distribution or shall constitute a lien on specific property which is distributed.
Acts 1949, No. 140, § 163; A.S.A. 1947, § 62-2904.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-109 - Determination of advancements

(a)
All questions of advancements made or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at an earlier date if the court so directs.
(b)
The amount of every advancement shall be specified in the order of final distribution.
Acts 1949, No. 140, § 164; A.S.A. 1947, § 62-2905.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-110 - Improper distributions

(a)
Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitations, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return any property improperly received, which is other than money, and its income since distribution if he or she has the property and to return an amount equal to any money improperly paid with interest at six percent (6%) per annum. If he or she does not have the property, then he or she is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him or her.
(b)
An improper distribution or payment shall be deemed to include distribution or payment without deduction of or payment for any federal or state estate, death, or transfer taxes properly apportioned thereto.
(c)
Any suit or proceeding to recover property improperly distributed or the value thereof may be instituted in the circuit court in which administration is pending or was had, or in any other court of proper jurisdiction.
(d)
Any suit or proceeding to recover property improperly distributed or the value thereof, money improperly paid, and income or interest, as the case may be, shall be barred three (3) years after the decedent's death or two (2) years after the time of distribution or payment, whichever last occurs.
Acts 1975, No. 620, § 13; A.S.A. 1947, § 62-2902.1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-111 - Setoffs

When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the distributee is entitled. However, the distributee shall be entitled to the benefit of any defense which would be available to him or her in a direct proceeding for the recovery of the debt.
Acts 1949, No. 140, § 165; A.S.A. 1947, § 62-2906.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-112 - Interest - Income and increment

(a)
Interest.
Unless a contrary intent is indicated by will, if the estate is solvent, general legacies shall bear interest at the rate of six percent (6%) per annum, or the then-prevailing legal rate, beginning fifteen (15) months after commencement of administration, but not before that time.
(b)
Income and Increment.
Unless otherwise provided in the will, a specific devise of property shall be construed to include income or increment accruing to the property while in the hands of the personal representative.
(c)
Allocation of Trust Income.
When property is devised to a trustee upon a trust which separates the beneficial interest in the income and principal of the trust, the income which accrues to the property so devised during the administration of the estate shall be treated as income by the trustee when received by him or her.
Acts 1949, No. 140, § 166; 1975, No. 620, § 11; A.S.A. 1947, § 62-2907.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-113 - Exoneration of encumbered property

As between the distributees, secured debts shall be discharged out of the general assets of the estate, subject to the right of a decedent to provide otherwise by will. However, nothing in this section shall preclude a secured creditor from having recourse to his or her security for satisfaction of the debt.
Acts 1949, No. 140, § 167; A.S.A. 1947, § 62-2908.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-114 - Distribution in kind

(a)
When the estate is otherwise ready to be distributed, it may be distributed in kind, unless the terms of the will provide otherwise or unless a partition sale is ordered.
(b)
(1)
Upon petition of an interested person, except as provided in subdivision (b)(2) of this section, a distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, and, if he or she notifies the personal representative before the thing is purchased, may elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain the purchase price.
(2)
If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for the purchase in lieu of the annuity except to the extent that the will expressly provides that an assignable annuity be purchased.
(c)
Nothing in this section shall affect the rights of election by a surviving spouse against a testamentary provision as provided in the Probate Code.
Acts 1949, No. 140, § 168; A.S.A. 1947, § 62-2909.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-115 - Partition

(a)
When two (2) or more distributees are entitled to distribution of undivided interests in any personal property of the estate, distribution shall be made of undivided interests therein unless the personal representative or one (1) or more of the distributees shall petition the court, not later than the hearing on the petition for final distribution, to make partition thereof.
(b)
If the petition is filed, the court, after notice to persons interested in the property involved, shall proceed to make partition, allot, and divide the property, or order the sale of the property for partition.
(c)
In case equal partition cannot be had between the parties without prejudice to the rights or interests of some, partition may be made in unequal shares and by awarding judgment for compensation to be paid by one (1) or more parties to one (1) or more of the others.
(d)
Any two (2) or more parties may agree to accept undivided interests.
(e)
Any sale under this section shall be conducted and confirmed in the same manner as other probate sales.
(f)
Expenses incident to the partition, including reasonable compensation to commissioners for their services, shall be equitably apportioned by the court among the parties. The amount charged to each party shall constitute a lien on the property allotted to him or her.
Acts 1949, No. 140, § 169; A.S.A. 1947, § 62-2910.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-116 - Missing or unavailable distributees

(a)
(1)
If, upon the filing of a petition for an order of final distribution, it appears that any distributee of the estate cannot be found, or for any reason the personal representative is unable to deliver to a distributee his or her distributable share of the estate and obtain a receipt therefor, the court may order the personal representative to sell the nonliquid assets distributable to the distributee, in the manner authorized by the provisions of the Probate Code for the sale of the property by a personal representative, and to deposit in the registry of the court, by payment to the clerk of the court, the funds distributable to the distributee. The receipt of the clerk of the court for such funds shall constitute a complete acquittance therefor to the personal representative.
(2)
If it is shown that it is in the best interests of the estate that the whole title to the nonliquid assets be sold, clear of the claim of the missing distributee, rather than only that portion of the assets distributable to the distributee, then the sale may be ordered.
(b)
(1)
The court shall direct, by order, the clerk of the court as to how the funds shall be held in safekeeping and may authorize the clerk to deposit the funds at interest in a designated financial institution, the deposits of which are insured, in whole or in part, by an agency of the United States Government, to the credit of the clerk and his or her successors in office for the use and benefit of the distributee, or to invest the funds, or any part of them, in bonds of the United States or the State of Arkansas. The order shall specify when and under what conditions further orders may be obtained for the ultimate distribution of the fund.
(2)
Prior to making the order, the court shall investigate the bond of the clerk, and if it is found to be insufficient in amount to protect the funds of the distributee, the court shall designate the county treasurer as the depository of the funds, subject to the provisions of this section with respect to the deposit of the funds with the clerk of the court.
Acts 1949, No. 140, § 170; 1967, No. 287, § 16; A.S.A. 1947, § 62-2911.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-117 - Escheats

No part of the present law of escheats shall be repealed by the Probate Code.
Acts 1949, No. 140, § 170; 1967, No. 287, § 16; A.S.A. 1947, § 62-2911.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-118 - Discharge of personal representative

(a)
(1)
Upon the filing of evidence satisfactory to the court that distribution has been made as directed in the order of final distribution, the court shall enter an order discharging the personal representative and his or her surety from further liability or accountability with respect to the administration.
(2)
Evidence satisfactory to the court may consist of:
(A)
Receipts, unless other written evidence of distribution exists, such as cancelled checks; or
(B)
In the case of property under title, a copy of the document transferring title to the distributee.
(b)
The order, or an order of discharge entered under §
28-53-104
, shall be final, except that upon a petition's being filed within three (3) years of the entry thereof, the order may be set aside for fraud in the settlement of the account of the personal representative.
Acts 1949, No. 140, § 171; A.S.A. 1947, § 62-2912; Acts 1999, No. 122, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-53-101 — 28-53-119) › Section 28-53-119 - Reopening administration

(a)
(1)
If, after an estate has been settled and the personal representative discharged, other property of the estate is discovered, or if it appears that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of any person interested in the estate and without notice or upon such notice as it may direct, may order that the estate be reopened.
(2)
It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary.
(b)
Unless the court shall otherwise order, the provisions of the Probate Code as to an original administration shall apply to the proceedings had in the reopened administration so far as may be appropriate. However, no claim which is already barred can be asserted in the reopened administration.
Acts 1949, No. 140, § 172; A.S.A. 1947, § 62-2913.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 2 - TRANSFERS TO SURVIVING SPOUSES (§§ 28-53-201 — 28-53-205) › Section 28-53-201 - Prior law and distributions unaffected

This subchapter shall not be deemed to create any implication of change in existing law or invalidate any distribution in kind made prior to March 6, 1967, with respect to which values other than those specified in this subchapter were used.
Acts 1967, No. 209, § 4; A.S.A. 1947, § 62-2909.4.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 2 - TRANSFERS TO SURVIVING SPOUSES (§§ 28-53-201 — 28-53-205) › Section 28-53-202 - Applicability of subchapter

This subchapter shall be effective with respect to all wills and revocable inter vivos trusts executed or created before or after March 6, 1967, by persons dying on or after March 6, 1967, and to irrevocable inter vivos trusts created on or after March 6, 1967.
Acts 1967, No. 209, § 5; A.S.A. 1947, § 62-2909.5.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 2 - TRANSFERS TO SURVIVING SPOUSES (§§ 28-53-201 — 28-53-205) › Section 28-53-203 - Allocation of assets with value equivalent to federal estate tax value

Whenever under any last will and testament or trust instrument of a decedent who is survived by a spouse, the executor, trustee, or other fiduciary is authorized to or required by the terms of such an instrument to satisfy a pecuniary bequest, including a pecuniary bequest in trust or transfer in trust of a pecuniary amount to or for the benefit of any beneficiary, by transferring or allocating assets in kind at their federal estate tax values or at any value other than the fair market value of the assets at the date of their distribution or allocation, then the fiduciary shall satisfy the pecuniary bequest or transfer in trust by the distribution or allocation of assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes, unless the will or governing instrument provides otherwise.
Acts 1967, No. 209, § 1; A.S.A. 1947, § 62-2909.1; Acts 1987, No. 643, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 2 - TRANSFERS TO SURVIVING SPOUSES (§§ 28-53-201 — 28-53-205) › Section 28-53-204 - Assets distributed to be representative of appreciation or depreciation of all assets

A provision in a last will and testament or trust instrument that an executor or fiduciary authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust with assets in kind at their federal estate tax values or at any values other than fair market values at date of distribution or allocation shall act fairly or equitably or not arbitrarily in satisfying the bequest or transfer, shall be deemed, in the absence of clear provisions to the contrary, to be a direction to distribute or allocate assets, including cash, fairly representative, on the date of distribution or allocation, of the appreciation or depreciation in the value of all property available for distribution or allocation.
Acts 1967, No. 209, § 2; A.S.A. 1947, § 62-2909.2.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 53 - DISTRIBUTION AND DISCHARGE (§§ 28-53-101 — 28-53-205) › Subchapter 2 - TRANSFERS TO SURVIVING SPOUSES (§§ 28-53-201 — 28-53-205) › Section 28-53-205 - Alternative valuations

(a)
Whenever there is a provision in the will or governing instrument that an executor or fiduciary who is authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust, with assets in kind at their federal estate tax values or at any value other than fair market values at date or dates of distribution or allocation, is authorized or required, in satisfying the bequest or transfer, to either:
(1)
Distribute or allocate assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to or at least equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes; or
(2)
Distribute or allocate assets, including cash, fairly representative, on the date or dates of distribution or allocation, of the appreciation or depreciation in the value of all properties available for distribution or allocation.
(b)
The executor or fiduciary, nevertheless, must distribute or allocate assets, including cash, having an aggregate fair market value on the date or dates of distribution or allocation equal to the amount of the pecuniary bequest or transfer in trust as finally determined for federal estate tax purposes.
Acts 1967, No. 209, § 3; A.S.A. 1947, § 62-2909.3; Acts 1987, No. 643, § 2.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-101 - Short title

This chapter may be cited as the Uniform Estate Tax Apportionment Act.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-102 - Definitions

In this chapter:
(1)
"Apportionable estate" means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned reduced by:
(A)
any claim or expense allowable as a deduction for purposes of the tax;
(B)
the value of any interest in property that, for purposes of the tax, qualifies for a marital or charitable deduction or otherwise is deductible or is exempt; and
(C)
any amount added to the decedent's gross estate because of a gift tax on transfers made before death.
(2)
"Estate tax" means a federal, state, or foreign tax imposed because of the death of an individual and interest and penalties associated with the tax. The term does not include an inheritance tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer tax incurred on a direct skip taking effect at death.
(3)
"Gross estate" means, with respect to an estate tax, all interests in property subject to the tax.
(4)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(5)
"Ratable" means apportioned or allocated pro rata according to the relative values of interests to which the term is to be applied. "Ratably" has a corresponding meaning.
(6)
"Time-limited interest" means an interest in property which terminates on a lapse of time or on the occurrence or nonoccurrence of an event or which is subject to the exercise of discretion that could transfer a beneficial interest to another person. The term does not include a cotenancy unless the cotenancy itself is a time-limited interest.
(7)
"Value" means, with respect to an interest in property, fair market value as finally determined for purposes of the estate tax that is to be apportioned, reduced by any outstanding debt secured by the interest without reduction for taxes paid or required to be paid or for any special valuation adjustment.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-104 - Statutory apportionment of estate taxes

To the extent that apportionment of an estate tax is not controlled by an instrument described in §
28-54-103
and except as otherwise provided in §§
28-54-106
and
28-54-107
, the following rules apply:
(1)
Subject to paragraphs (2), (3), and (4), the estate tax is apportioned ratably to each person that has an interest in the apportionable estate.
(2)
A generation-skipping transfer tax incurred on a direct skip taking effect at death is charged to the person to which the interest in property is transferred.
(3)
If property is included in the decedent's gross estate because of Section 2044 of the Internal Revenue Code of 1986 or any similar estate tax provision, the difference between the total estate tax for which the decedent's estate is liable and the amount of estate tax for which the decedent's estate would have been liable if the property had not been included in the decedent's gross estate is apportioned ratably among the holders of interests in the property. The balance of the tax, if any, is apportioned ratably to each other person having an interest in the apportionable estate.
(4)
Except as otherwise provided in §
28-54-103(b)(4)
and except as to property to which §
28-54-107
applies, an estate tax apportioned to persons holding interests in property subject to a time-limited interest must be apportioned, without further apportionment, to the principal of that property.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-105 - Credits and deferrals

Except as otherwise provided in §§
28-54-106
and
28-54-107
, the following rules apply to credits and deferrals of estate taxes:
(1)
A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned.
(2)
A credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of a credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary.
(3)
If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to which the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-106 - Insulated property - Advancement of tax

(a)
In this section:
(1)
"Advanced fraction" means a fraction that has as its numerator the amount of the advanced tax and as its denominator the value of the interests in insulated property to which that tax is attributable.
(2)
"Advanced tax" means the aggregate amount of estate tax attributable to interests in insulated property which is required to be advanced by uninsulated holders under subsection (c).
(3)
"Insulated property" means property subject to a time-limited interest which is included in the apportionable estate but is unavailable for payment of an estate tax because of impossibility or impracticability.
(4)
"Uninsulated holder" means a person who has an interest in uninsulated property.
(5)
"Uninsulated property" means property included in the apportionable estate other than insulated property.
(b)
If an estate tax is to be advanced pursuant to subsection (c) by persons holding interests in uninsulated property subject to a time-limited interest other than property to which §
28-54-107
applies, the tax must be advanced, without further apportionment, from the principal of the uninsulated property.
(c)
Subject to §
28-54-109(b) and (d)
, an estate tax attributable to interests in insulated property must be advanced ratably by uninsulated holders. If the value of an interest in uninsulated property is less than the amount of estate taxes otherwise required to be advanced by the holder of that interest, the deficiency must be advanced ratably by the persons holding interests in properties that are excluded from the apportionable estate under §
28-54-102(1)(B)
as if those interests were in uninsulated property.
(d)
A court having jurisdiction to determine the apportionment of an estate tax may require a beneficiary of an interest in insulated property to pay all or part of the estate tax otherwise apportioned to the interest if the court finds that it would be substantially more equitable for that beneficiary to bear the tax liability personally than for that part of the tax to be advanced by uninsulated holders.
(e)
When a distribution of insulated property is made, each uninsulated holder may recover from the distributee a ratable portion of the advanced fraction of the property distributed. To the extent that undistributed insulated property ceases to be insulated, each uninsulated holder may recover from the property a ratable portion of the advanced fraction of the total undistributed property.
(f)
Upon a distribution of insulated property for which, pursuant to subsection (d), the distributee becomes obligated to make a payment to uninsulated holders, a court may award an uninsulated holder a recordable lien on the distributee's property to secure the distributee's obligation to that uninsulated holder.
Acts 2007, No. 276, § 1.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 54 - UNIFORM ESTATE TAX APPORTIONMENT ACT (§§ 28-54-101 — 28-54-115) › Section 28-54-107 - Apportionment and recapture of special elective benefits

(a)
In this section:
(1)
"Special elective benefit" means a reduction in an estate tax obtained by an election for:
(A)
a reduced valuation of specified property that is included in the gross estate;
(B)
a deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or
(C)
an exclusion from the gross estate of specified property.
(2)
"Specified property" means property for which an election has been made for a special elective benefit.
(b)
If an election is made for one or more special elective benefits, an initial apportionment of a hypothetical estate tax must be computed as if no election for any of those benefits had been made. The aggregate reduction in estate tax resulting from all elections made must be allocated among holders of interests in the specified property in the proportion that the amount of deduction, reduced valuation, or exclusion attributable to each holder's interest bears to the aggregate amount of deductions, reduced valuations, and exclusions obtained by the decedent's estate from the elections. If the estate tax initially apportioned to the holder of an interest in specified property is reduced to zero, any excess amount of reduction reduces ratably the estate tax apportioned to other persons that receive interests in the apportionable estate.
(c)
An additional estate tax imposed to recapture all or part of a special elective benefit must be charged to the persons that are liable for the additional tax under the law providing for the recapture.
Acts 2007, No. 276, § 1.