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 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-107 - Petition for probate and appointment of personal representative

(a)
An interested person may petition the court of the proper county:
(1)
For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state;
(2)
For the appointment of executor if one is nominated in the will;
(3)
For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will.
(b)
A petition for probate may be combined with a petition for the appointment of an executor or administrator. A person interested in either the probate of the will or the appointment of a personal representative may petition for both.
(c)
A petition for probate of a will or for the original appointment of a general personal representative, or for both, shall state:
(1)
The name, age, residence, and date and place of death of the decedent;
(2)
The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained;
(3)
The probable value, stated separately, of the real and of the personal property;
(4)
If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof;
(5)
If the venue is based upon §
28-40-102(a)(4)
, the facts establishing the venue;
(6)
If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as known;
(7)
The names and residence addresses of the persons, if any, nominated as executors; and
(8)
If the appointment of a personal representative is sought, the name and residence address of the person for whom letters are prayed, his or her relationship to the decedent, or other facts, if any, which entitle the person to appointment.
Acts 1949, No. 140, §§ 44, 45; A.S.A. 1947, §§ 62-2105, 62-2106.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-108 - Requests for notices

(a)
(1)
If an interested person desires to be notified before a will is admitted to probate or before a general personal representative is appointed, he or she may file with the clerk a demand for notice.
(2)
A demand for notice is not effective unless it contains a statement of the interest of the person filing it and his or her address or that of his or her attorney.
(3)
After filing the demand, no will shall be admitted to probate and no personal representative shall be appointed, other than a special administrator, until the notice provided in §
28-40-110
has been given.
(b)
(1)
At any time after the issuance of letters, any person interested in the estate may serve, in person or by attorney, upon the personal representative or upon his or her attorney and file with the clerk of the court where the proceeding is pending, with a written admission or proof of service, a written request stating that he or she desires written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court, or by an order in the particular case.
(2)
The applicant for such a notice must include in his or her written request his or her post office address and that of his or her attorney, if any.
(3)
Unless the court otherwise directs, after the request has been filed, the person shall be entitled to notice of all hearings for which any notice is required as aforesaid or of such hearings as he or she designates in his or her request.
Acts 1949, No. 140, §§ 46, 47; A.S.A. 1947, §§ 62-2107, 62-2108.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-109 - Hearing on petition without notice

Upon filing the petition for probate or for the appointment of a general personal representative, if no demand for notice has been filed as provided in §
28-40-108
, and if such a petition is not opposed by an interested person, the court in its discretion may hear it immediately or at such time and place as it may direct without requiring notice.
Acts 1949, No. 140, § 48; A.S.A. 1947, § 62-2109.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-112 - Search for alleged decedent

Whenever there is reasonable doubt that the person whose estate is to be administered is dead, the court, upon application of an interested person, may direct the personal representative to make search for the alleged decedent in any manner which the court may deem advisable, including, but not limited to, any or all of the following methods:
(1)
By inserting in one (1) or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(2)
By notifying officers of justice and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; or
(3)
By engaging the services of an investigating agency.
Acts 1949, No. 140, § 51; A.S.A. 1947, § 62-2112.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-113 - Contest of will generally

(a)
An interested person may contest the probate of a will, or any part thereof, by stating in writing the grounds of his or her objection and filing them in the court.
(b)
No will can be contested unless the grounds of objection are filed within the periods hereinafter provided:
(1)
If the ground of objection is that another will of the decedent has been discovered, the ground of objection must be filed before final distribution of the estate is ordered and within the period stated in §
28-40-103
;
(2)
If the contest is on any other ground and if the contestant or the person through whom he or she derives his or her interest in the estate:
(A)
Has been given notice, other than by publication, of the hearing of a petition for probate as provided in §
28-40-110
, his or her grounds for objection must be filed at or prior to the time of the hearing on the petition for probate;
(B)
Has been notified of the admission of the will to probate in the manner provided by §
28-40-111
and is not barred by subdivision (b)(2)(A) of this section, his or her grounds of objection must be filed within three (3) months after the date of the first publication of the notice of the admission of the will to probate;
(C)
Is not barred by the provisions of subdivision (b)(2)(A) or (B) of this section, but notice of the admission of the will to probate has been published as provided in §
28-40-111
, whether or not published promptly, and a copy thereof has been served upon the contestant or the person through whom he or she derives his or her interest in the estate in accordance with §
28-1-112(b)(1), (2), or (3)
, the contestant must file his or her grounds for objection to the probate of the will within three (3) months after the first publication of notice of the probate or within forty-five (45) days after a copy of the notice was served upon him or her or his or her predecessor in interest in the estate, whichever period shall last expire; and
(D)
Is not barred by any of the provisions of subdivision (b)(2)(A), (B), or (C) of this section, his or her grounds for objection must be filed within three (3) years after the admission of the will to probate; and
(3)
The grounds for objection to a foreign will which has been admitted to probate in this state must be filed within the same time as though it were a will of a resident of this state, or thereafter within forty-five (45) days after the rendition of an order of a court of competent jurisdiction in the state of the domicile of the decedent, setting aside the probate of the will therein.
Acts 1949, No. 140, §§ 52, 53; 1951, No. 255, § 4; 1967, No. 287, § 2; 1985, No. 1007, § 2; A.S.A. 1947, §§ 62-2113, 62-2114.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-114 - Notice of contest

(a)
(1)
If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in §
28-40-110
has been given, no further notice is necessary unless ordered by the court.
(2)
If the notice provided for in §
28-40-110
has not been given, the notice therein provided for shall be given and shall further state that the will is being contested.
(b)
If a statement of grounds for objection to admitting the will to probate is filed after the will has been admitted and within the time limitations stated in §
28-40-113
, the court shall fix a time and place for hearing the grounds for objection, and notice shall be given to each heir and devisee whose place of residence is known and, if the grounds for contest include the presentation of another will, to each devisee and the executor nominated in the other will whose place of residence is known, and to such other persons as the court may direct.
(c)
All persons notified as provided by §
28-40-110
or by this section shall be deemed parties to the proceeding for all purposes.
Acts 1949, No. 140, § 54; A.S.A. 1947, § 62-2115.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-115 - Contest of will - Rights of persons acquiring interest in property prior to filing of objections

(a)
If, prior to the filing of an objection to the probate of a will, real or personal property or any security interest therein is acquired for value by a purchaser from, or a lender to, the personal representative of the estate or a distributee or devisee of the property by the terms of a will, the purchaser or lender shall take title free of rights of any interested person in the estate and incurs no personal liability to the estate or to any interested person whether or not the distribution was proper or supported by court order.
(b)
(1)
This section protects a purchaser from, or lender to, a distributee, devisee, or personal representative who has executed a deed or security instrument to the purchaser or lender prior to the filing of objections to the will.
(2)
To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee or devisee are the same person.
(c)
Any properly recorded instruments conveying such property on which a state documentary fee is noted pursuant to §§
26-60-101
-
26-60-103
and
26-60-105
-
26-60-112
shall be prima facie evidence that the transfer was made for value and shall not be adversely affected should a will be later set aside in the manner provided by law.
Acts 1949, No. 140, § 53; 1951, No. 255, § 4; 1967, No. 287, § 2; 1985, No. 1007, § 2; A.S.A. 1947, § 62-2114.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-116 - Will subsequently presented for probate

(a)
If, after a petition for the probate of a will or for the appointment of a general personal representative has been filed and before that petition has been heard, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall hear both petitions together and determine what instruments, if any, should be admitted to probate or whether the decedent died intestate.
(b)
If, after a will has been admitted to probate or after letters of administration have been granted, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall determine whether the former probate or the former grant of letters should be revoked and whether the other will should be admitted to probate or whether the decedent died intestate.
(c)
No will shall be admitted to probate under the provisions of this section unless it is presented for probate before the court orders or approves final distribution of the estate.
(d)
When a will is presented for probate under the provisions of this section, the proceedings shall be deemed a part of the proceedings for probate or for administration already initiated.
(e)
If notice by publication has been given as provided in §
28-40-110
or in §
28-40-111
, no further notice by publication is necessary unless ordered by the court. However, notice of the hearing shall be given to each heir and to each devisee named and the executor nominated in this or in any other will offered for or admitted to probate whose place of residence is known, and notice shall be given to such other persons as the court may direct.
Acts 1949, No. 140, § 55; A.S.A. 1947, § 62-2116.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-117 - Proof of will

(a)
An attested will shall be proved as follows:
(1)
By the testimony of at least two (2) attesting witnesses, if living at known addresses within the continental United States and capable of testifying; or
(2)
(A)
If only one (1) or neither of the attesting witnesses is living at a known address within the continental United States and capable of testifying, or if, after the exercise of reasonable diligence, the proponent of the will is unable to procure the testimony of two (2) attesting witnesses, in either event the will may be established by the testimony of at least two (2) credible disinterested witnesses.
(B)
The witnesses shall prove the handwriting of the testator and such other facts and circumstances, including the handwriting of the attesting witnesses whose testimony is not available, as would be sufficient to prove a controverted issue in equity, together with the testimony of any attesting witness whose testimony is procurable with the exercise of due diligence.
(b)
A holographic will shall be proved by the testimony of at least three (3) credible disinterested witnesses proving the handwriting and signature of the testator and such other facts and circumstances as would be sufficient to prove a controverted issue in equity.
(c)
A will which has been lost or destroyed by accident or design of some person other than the testator shall be proved by evidence which would be competent and sufficient in a proceeding in equity for the establishment of the lost will. The will so established shall be set forth in the order establishing it.
(d)
The provisions of this section as to the testimony of subscribing witnesses shall not exclude the production of other evidence at the hearing on the petition for probate, and the due execution of the will may be proved by such other evidence.
Acts 1949, No. 140, §§ 56, 57; A.S.A. 1947, §§ 62-2117, 62-2118.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-118 - Manner of taking testimony

(a)
If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise.
(b)
If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will shall be established by testimony taken in the manner required for taking testimony in equity cases, or as the court may direct.
Acts 1949, No. 140, § 58; A.S.A. 1947, § 62-2119.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-119 - Conditions on which probate ordered and letters granted

(a)
On a petition for the probate of a will, if the court finds that the testator is dead, that the instrument offered for probate was executed in all respects according to law when the testator was competent to do so and acting without undue influence, fraud, or restraint, that the will was not revoked, and that the instrument is his or her last will, then the will shall be admitted to probate as the last will of the testator, but the order need not recite such findings.
(b)
On the petition for the appointment of an executor or general administrator, the court shall determine whether the deceased died testate or intestate and shall grant letters accordingly or, on proper grounds, deny the petition.
Acts 1949, No. 140, § 59; A.S.A. 1947, § 62-2120.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-120 - Probate of will of nonresident

(a)
When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate jurisdiction, an authenticated copy thereof, accompanied by an authenticated copy of the order admitting the will to probate, may be filed for probate in this state.
(b)
When so filed, together with a petition for the admission of the will to probate in this state, the court shall:
(1)
Presume, in the absence of evidence to the contrary, that the will was duly executed and proved and admitted to probate in the foreign jurisdiction; and
(2)
Admit the will to probate if it appears from the copy and order that the will was executed and proved in the manner prescribed by:
(A)
The law of the place of its execution;
(B)
The law of the testator's domicile at the time of its execution; or
(C)
The laws of this state.
(c)
Unless the will is executed in accordance with §
28-25-103
or §
28-25-104
, the petition for its probate shall state the time and place of its execution and the testator's domicile at the time of its execution and at the time of his or her death.
(d)
(1)
Venue for the proceeding shall be governed by the provisions of §
28-40-102
.
(2)
Notice of the probation of the will shall be governed by the provisions of §
28-40-111
.
Acts 1949, No. 140, § 60; 1967, No. 287, § 3; A.S.A. 1947, § 62-2121.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-121 - Finality of order - Conclusiveness of finding of death

An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions:
(1)
It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore presented to the court;
(2)
It may be vacated or modified for good cause as provided in §
28-1-115
; and
(3)
(A)
The finding of the fact of death shall be conclusive as to the alleged decedent only if the notice of the hearing on the petition for probate or for the appointment of a personal representative is sent by registered mail addressed to the alleged decedent at his or her last known residence address and when a search is ordered for the alleged decedent as provided in §
28-40-112
, the court finds that the search was made.
(B)
If notice is sent and search made, and the alleged decedent is not dead, he or she may nevertheless at any time recover the estate from the personal representative if it is in his or her hands, or he or she may recover the estate or its proceeds from the distributees, if either is in their hands.
Acts 1949, No. 140, § 61; A.S.A. 1947, § 62-2122.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-122 - Certificate of probate

(a)
When proved as provided in this subchapter, every will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the clerk that the will has been probated.
(b)
If for any reason a will is not in the custody of the court, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents, and a certificate shall be annexed as provided in subsection (a) of this section.
(c)
Every will certified as provided in this section, or the record thereof, or a duly certified transcript of the record, may be read in evidence in any court in this state without further proof.
Acts 1949, No. 140, § 62; A.S.A. 1947, § 62-2123.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 1 - PROCEEDINGS GENERALLY (§§ 28-40-101 — 28-40-123) › Section 28-40-123 - Recording will in other counties

The personal representative shall cause a certified copy of the will, with a certificate of probate annexed thereto, to be recorded in the office of the recorder in each county in this state other than the county of probate in which real property of the decedent is situated, the cost thereof to be an expense of the administration.
Acts 1949, No. 140, § 63; A.S.A. 1947, § 62-2124.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 2 - ARKANSAS ANTE-MORTEM PROBATE ACT OF 1979 (§§ 28-40-201 — 28-40-203) › Section 28-40-201 - Title

This subchapter shall be known and may be cited as the "Arkansas Ante-Mortem Probate Act of 1979".
Acts 1979, No. 194, § 1; A.S.A. 1947, § 62-2134.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 2 - ARKANSAS ANTE-MORTEM PROBATE ACT OF 1979 (§§ 28-40-201 — 28-40-203) › Section 28-40-202 - Action for declaratory judgment

(a)
Any person who executes a will disposing of all or part of an estate located in Arkansas may institute an action in the circuit court of the appropriate county of this state for a declaratory judgment establishing the validity of the will.
(b)
All beneficiaries named in the will and all the testator's existing intestate successors shall be named parties to the action.
(c)
For the purpose of this subchapter, the beneficiaries and intestate successors shall be deemed possessed of inchoate property rights.
(d)
Service of process shall be as in other declaratory judgment actions.
Acts 1979, No. 194, §§ 2, 3; A.S.A. 1947, §§ 62-2135, 62-2136.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 2 - ARKANSAS ANTE-MORTEM PROBATE ACT OF 1979 (§§ 28-40-201 — 28-40-203) › Section 28-40-203 - Court findings - Effect

(a)
If the court finds that the will was properly executed, that the testator had the requisite testamentary capacity and freedom from undue influence at the time of execution, and that the will is otherwise valid, it shall declare the will valid and order it placed on file with the court.
(b)
A finding of validity pursuant to this subchapter shall constitute an adjudication of probate. However, such validated wills may be modified or superseded by subsequently executed valid wills, codicils, and other testamentary instruments, whether or not validated pursuant to this subchapter.
Acts 1979, No. 194, § 4; A.S.A. 1947, § 62-2137.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 3 - PROVING A LOST OR DESTROYED WILL (§§ 28-40-301 — 28-40-304) › Section 28-40-301 - Circuit court jurisdiction

Whenever any will shall be lost, or destroyed by accident or design, the circuit court shall have the same power to take proof of the execution of the will and to establish the same, as in cases of lost deeds.
Rev. Stat., ch. 157, § 48; C. & M. Dig., § 10542; Pope's Dig., § 14560; A.S.A. 1947, § 60-301.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 3 - PROVING A LOST OR DESTROYED WILL (§§ 28-40-301 — 28-40-304) › Section 28-40-302 - Proving will

No will of any testator shall be allowed to be proved as a lost or destroyed will unless:
(1)
The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and
(2)
The will is:
(A)
Proved to have been in existence at the time of the death of the testator; or
(B)
Shown to have been fraudulently destroyed in the lifetime of the testator.
Rev. Stat., ch. 157, § 51; C. & M. Dig., § 10545; Pope's Dig., § 14563; A.S.A. 1947, § 60-304.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 3 - PROVING A LOST OR DESTROYED WILL (§§ 28-40-301 — 28-40-304) › Section 28-40-303 - Record of decree

(a)
Upon a lost or destroyed will's being established by the decree of a competent court, the decree shall be recorded by the probate clerk of the circuit court before which the will might have been proved if it had not been lost or destroyed.
(b)
Letters testamentary or of administration, with the will annexed, shall be issued thereon by the clerk in the same manner as upon a will duly proved before him or her.
Rev. Stat., ch. 157, § 49; C. & M. Dig., § 10543; Pope's Dig., § 14561; A.S.A. 1947, § 60-302.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 40 - PROBATE AND GRANT OF ADMINISTRATION (§§ 28-40-101 — 28-40-304) › Subchapter 3 - PROVING A LOST OR DESTROYED WILL (§§ 28-40-301 — 28-40-304) › Section 28-40-304 - Restraint of administrator

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, the court to which the application shall be made shall have authority to restrain the administrator so appointed from any act or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will.
Rev. Stat., ch. 157, § 50; C. & M. Dig., § 10544; Pope's Dig., § 14562; A.S.A. 1947 § 60-303.
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 41 - DISTRIBUTION WITHOUT ADMINISTRATION (§§ 28-41-101 — 28-41-104) › Section 28-41-103 - Petition and order for no administration

(a)
Either with or without administration, if the court shall determine upon petition of an interested person that the personal property owned by a decedent at the time of his or her death does not exceed that to which the surviving spouse, if any, or minor children, if any, are by law entitled free of debt, as dower or curtesy and statutory allowances, then the court may enter an order vesting the entire estate in the surviving spouse and minor children, or the surviving spouse or minor children.
(b)
The statutory allowances payable to or for the benefit of the minor children of the decedent may be paid to the surviving parent without the interposition of a guardian if the surviving parent has custody of the minor children.
(c)
The petition may be granted without notice or upon such notice as the court may direct.
(d)
(1)
The order shall specifically describe the property vested thereby.
(2)
The order, to the extent of the property specifically described in the order, until revoked, shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the decedent and to persons purchasing or otherwise dealing with the property, for payment or transfer to the persons described in the order as entitled to receive the property.
Acts 1949, No. 140, § 68; A.S.A. 1947, § 62-2129.
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 41 - DISTRIBUTION WITHOUT ADMINISTRATION (§§ 28-41-101 — 28-41-104) › Section 28-41-104 - Proceedings to revoke order

At any time within one (1) year after the making of an order as provided in §
28-41-103
, the court, either for good cause shown upon petition of an interested person or upon its own motion, may set the order aside.
Acts 1949, No. 140, § 69; A.S.A. 1947, § 62-2130.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-101 - General law to apply

Except when special provision is made otherwise, the law and procedure relating to the administration of estates of resident decedents shall apply to the ancillary administration of estates of nonresident decedents.
Acts 1949, No. 140, § 187; A.S.A. 1947, § 62-3109.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-102 - Application for ancillary letters

(a)
(1)
A foreign personal representative, upon the filing of an authenticated copy of his or her domiciliary letters with the circuit court of the county of proper venue, may be issued letters in this state, notwithstanding that the personal representative is a nonresident of this state.
(2)
A corporate foreign personal representative need not otherwise qualify as a corporation to do business under the general corporation laws of this state to authorize it to act as ancillary personal representative in the particular estate if it complies with the provisions of §§
28-42-104
and
28-42-105
.
(b)
Upon application by a foreign personal representative for the issuance of ancillary letters, preference shall be given to such an applicant, unless the court finds that the appointment will not be for the best interest of the estate. If the court so finds, the court may order the issuance of ancillary letters to any person eligible under the provisions of §
28-48-101
.
(c)
An interested person may apply for issuance of ancillary letters to a qualified person other than the foreign personal representative. In that event, the applicant, in the manner directed or approved by the court, shall give notice of the application to the foreign personal representative, if the foreign personal representative's name and address are known, and to the court which appointed him or her, if the court is known. If, at the time of filing the application, the name and address of the foreign representative or the court which appointed him or her are not known, the notice shall be given as soon thereafter, either before or after the issuance of letters, as the facts pertaining thereto become known.
Acts 1949, No. 140, § 179; A.S.A. 1947, § 62-3101.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-103 - Ancillary personal representative - Bond

An ancillary personal representative shall give bond as required by §
28-48-201
. However, if he or she is a resident of this state, the bond may be reduced or dispensed with in accordance with §
28-48-206
.
Acts 1949, No. 140, § 180; A.S.A. 1947, § 62-3102.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-104 - Designation of agent

Prior to the granting of ancillary letters to a nonresident, the nonresident ancillary personal representative shall comply with the provisions of §
28-48-101(b)(6)
concerning designation of an agent to accept service of process.
Acts 1949, No. 140, § 181; A.S.A. 1947, § 62-3103.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-105 - Substitution of foreign for local representative

(a)
(1)
If any other person has been appointed local personal representative, the foreign personal representative, not later than twenty (20) days after the dispatch of notice to him or her under §
28-42-102
, unless this period is extended for cause by the court, may apply for revocation of the appointment and for granting of ancillary letters to himself or herself.
(2)
Notice of the hearing on the application shall be given to the local personal representative.
(b)
(1)
Upon the finding that the action is for the best interest of the estate, the court may revoke the letters of the local personal representative and grant the application of the foreign personal representative.
(2)
After the application is granted, the local personal representative shall deliver to the foreign personal representative all assets and records of the estate in his or her possession and shall account to the foreign personal representative and to the court.
(3)
The hearing on the account may be held immediately, or upon such notice as the court may direct.
(4)
Upon compliance with the court's direction, the local personal representative and his or her sureties shall be discharged.
(c)
(1)
Upon qualification, the foreign personal representative shall be substituted in all actions and proceedings brought by or against the local personal representative in his or her representative capacity and shall be entitled to all the rights and be subject to all the burden arising out of the uncompleted administration in all respects as if it had been continued by the local personal representative.
(2)
If the local personal representative has served or has been served with any process or notice, no further service or notice shall be necessary, nor shall the time within which any steps may or must be taken be changed, unless the court in which the action or proceedings are pending so orders.
Acts 1949, No. 140, § 182; A.S.A. 1947, § 62-3104.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-106 - Removal of assets to domiciliary jurisdiction

(a)
Petition.
Prior to the final disposition of the ancillary estate under §
28-42-109
and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution.
(b)
Order.
(1)
Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of §
28-42-103
and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons.
(2)
The court, in its discretion, may grant, deny, or postpone action on the petition.
(3)
The granting of the petition shall not terminate the ancillary administration.
Acts 1949, No. 140, § 183; A.S.A. 1947, § 62-3105.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-107 - Payment of claims generally

An ancillary personal representative may pay a claim against the estate only if it has been presented and allowed in the manner and within the time required to establish a claim against an estate of domiciliary administration in this state.
Acts 1949, No. 140, § 184; A.S.A. 1947, § 62-3106.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-108 - Payment of claims - Insolvent estates

(a)
Equality Subject to Preferences and Security.
(1)
If the estate, either in this state or as a whole, is insolvent, it shall be disposed of so that, as far as possible, each creditor whose claim has been allowed, either in this state or elsewhere, shall receive an equal proportion of his or her claim, subject to preferences and priorities and to any security which a creditor has as to particular assets.
(2)
If a preference or priority is allowed in another jurisdiction but not in this state, the creditor so benefited shall receive dividends from local assets only upon the balance of his or her claim after deducting the amount of the benefit.
(3)
The validity and effect of any security held in this state shall be determined by the law of this state, but a secured creditor who has not released or surrendered his or her security shall be entitled only to a proportion computed upon the balance due after the value of all security not exempt from the claims of unsecured creditors is determined and credited upon the claim secured by it.
(b)
Procedure.
(1)
In case of insolvency and if local assets permit, each claim allowed in this state shall be paid its proportion, and any balance of assets shall be disposed of in accordance with §
28-42-109
.
(2)
If local assets are not sufficient to pay all claims allowed in this state the full amount to which they are entitled under this section, local assets shall be marshaled so that each claim allowed in this state shall be paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
Acts 1949, No. 140, § 185; A.S.A. 1947, § 62-3107.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-109 - Transfer of residue to domiciliary personal representative

(a)
(1)
Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction.
(2)
This transfer may be conditioned upon satisfactory evidence being furnished to the court that the domiciliary personal representative has given bond sufficient for the protection of the estate and persons interested in the estate with respect to the property so transferred.
(b)
Upon good cause shown, the court may order the sale of local assets by the ancillary personal representative for the purpose of transmitting the proceeds to the domiciliary personal representative.
Acts 1949, No. 140, § 186; A.S.A. 1947, § 62-3108.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-110 - Payment of debt and delivery of property to domiciliary foreign personal representative

(a)
At any time after the expiration of sixty (60) days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or deliver the instrument evidencing the debt, obligation, stock, or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating:
(1)
The date of the death of the nonresident decedent;
(2)
That no local administration, or application or petition therefor, is pending in this state; and
(3)
That the domiciliary foreign personal representative is entitled to payment or delivery.
(b)
Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
(c)
Payment or delivery under subsection (a) of this section may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
Acts 1981, No. 370, § 1; A.S.A. 1947, § 62-3110.
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 42 - ANCILLARY ADMINISTRATION (§§ 28-42-101 — 28-42-111) › Section 28-42-111 - Jurisdiction over foreign personal representative

(a)
A foreign personal representative submits himself or herself to the jurisdiction of the courts of this state by:
(1)
Receiving payment of money, or taking delivery of personal property under §
28-42-110
; or
(2)
Doing any act as a personal representative in this state which would have given the state jurisdiction over him or her as an individual.
(b)
Jurisdiction under subdivision (a)(1) of this section shall be limited to the money or value of personal property collected.
Acts 1981, No. 370, § 2; A.S.A. 1947, § 62-3111.