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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-48-101 — 28-48-109) › Section 28-48-101 - Persons entitled to domiciliary letters

(a)
Domiciliary letters testamentary or of general administration may be granted to one (1) or more of the natural or corporate persons mentioned in this section who are not disqualified, in the following order of priority:
(1)
To the executor or executors nominated in the will;
(2)
To the surviving spouse, or his or her nominee, upon petition filed during a period of thirty (30) days after the death of the decedent;
(3)
To one (1) or more of the persons entitled to a distributive share of the estate, or his or her nominee, as the court in its discretion may determine, if application for letters is made within forty (40) days after the death of the decedent, in case there is a surviving spouse and, if no surviving spouse, within thirty (30) days after the death of the decedent; and
(4)
To any other qualified person.
(b)
A person is not qualified to serve as domiciliary personal representative if the person is:
(1)
Under eighteen (18) years of age;
(2)
Of unsound mind;
(3)
A convicted and unpardoned felon, either under the laws of the United States or of any state or territory of the United States;
(4)
A corporation not authorized to act as fiduciary in this state;
(5)
A person whom the court finds unsuitable; or
(6)
(A)
A natural person who is a nonresident of this state, unless he or she shall have appointed the clerk of the court in which the proceedings are pending, and the clerk's successors in office, or some person residing in the county of probate and approved by the court, as agent to accept service of process and notice in all actions and proceedings with respect to the estate.
(B)
If a person other than the clerk who has been appointed process agent dies, becomes incompetent, or removes from the county, the clerk and his or her successors in office shall become the process agent.
(C)
The appointment or agency may be revoked only upon the appointment of a qualified substitute agent.
(D)
Upon the service of any process or notice on the agent, he or she shall immediately transmit the process or notice to the personal representative by registered or certified mail, requesting a return receipt.
Amended by Act 2015, No. 844,§ 1, eff. 1/1/2016.
Acts 1949, No. 140, § 70; 1975, No. 620, § 7; A.S.A. 1947, § 62-2201.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-48-101 — 28-48-109) › Section 28-48-103 - Special administrators

(a)
For good cause shown, a special administrator may be appointed pending the appointment of an executor or a general administrator or after the appointment of an executor or a general administrator, with or without the removal of the executor or general administrator.
(b)
A special administrator may be appointed without notice or upon such notice as the court may direct.
(c)
The appointment may be for a specified time, to perform duties respecting specific property or to perform particular acts, as stated in the order of appointment.
(d)
The special administrator shall make such reports as the court shall direct and shall account to the court upon the termination of his or her authority.
(e)
Otherwise, and except when the provisions of the Probate Code by their terms apply only to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives shall apply to special administrators.
(f)
The order appointing a special administrator shall not be appealable.
Acts 1949, No. 140, § 79; A.S.A. 1947, § 62-2210.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-48-101 — 28-48-109) › Section 28-48-104 - Joint personal representatives

(a)
Unless otherwise provided by will, the powers given to two (2) personal representatives may be exercised only by their joint action, and powers given to more than two (2) personal representatives may be exercised only by the joint action of a majority of them.
(b)
Every power exercisable by joint personal representatives may be exercised by the survivor of them when one is dead or by the other when one (1) appointment is terminated by order of the court unless the power is given in the will and its terms otherwise clearly provide as to the exercise of the power.
Acts 1949, No. 140, §§ 75, 76; A.S.A. 1947, §§ 62-2206, 62-2207.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-48-101 — 28-48-109) › Section 28-48-105 - Removal generally

(a)
(1)
When the personal representative becomes mentally incompetent, disqualified, unsuitable, or incapable of discharging his or her trust, has mismanaged the estate, has failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be a resident of the state without filing the authorization of an agent to accept service as provided by §
28-48-101(b)(6)
, then the court may remove him or her.
(2)
The court on its own motion may, or on the petition of an interested person shall, order the personal representative to appear and show cause why he or she should not be removed.
(b)
The removal of a personal representative after letters have been duly issued to him or her does not invalidate his or her official acts performed prior to removal.
Acts 1949, No. 140, § 72; A.S.A. 1947, § 62-2203.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-48-101 — 28-48-109) › Section 28-48-106 - Death or incompetency - Protection of estate

(a)
The death of a personal representative or the appointment of a guardian for the estate of a personal representative terminates his or her appointment.
(b)
Until appointment and qualification of a successor or special representative to replace the deceased or incompetent representative, the representative of the estate of the deceased or incompetent personal representative, if any, has the duty to protect the estate possessed and being administered by his or her decedent or ward at the time his or her appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his or her appointment and qualification.
Acts 1975, No. 620, § 14; A.S.A. 1947, § 62-2203.1.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-48-101 — 28-48-109) › Section 28-48-107 - Successor personal representatives

(a)
When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may, and, if he or she was the sole or last surviving personal representative and the administration is not completed, the court shall, appoint another personal representative in his or her place upon the motion or petition of an interested person.
(b)
When a personal representative in succession or an administrator with the will annexed is appointed, he or she shall have all the rights and powers of his or her predecessor or of the executor nominated in the will, except that he or she shall not exercise powers given in the will which by its terms are clearly personal to the executor therein nominated.
Acts 1949, No. 140, §§ 73, 74; A.S.A. 1947, §§ 62-2204, 62-2205.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-48-101 — 28-48-109) › Section 28-48-109 - Allowances for defending will or prosecuting its probate

(a)
When any person nominated in a will as executor or the administrator with the will annexed, in good faith defends the will or prosecutes any proceedings for the purpose of having it admitted to probate, whether successful or not, he or she shall be allowed out of the estate his or her necessary expenses and disbursements including reasonable attorney's fees in such proceedings.
(b)
If the nominated executor or administrator with the will annexed should fail to defend the will or prosecute proceedings for its probate and one (1) or more interested parties take such action and are successful, then the parties shall be reimbursed out of the estate for their necessary expenses and disbursements including reasonable attorney's fees.
Acts 1949, No. 140, § 78; 1967, No. 287, § 6; A.S.A. 1947, § 62-2209.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-201 - Bond

(a)
Prior to the issuance of letters of administration or at any time during the pendency of the matter, the court may require a bond from the personal representative with a corporate surety authorized to do business in this state for the benefit of the interested parties, or such other bond that the court deems appropriate.
(b)
(1)
If a person or entity asserting a claim against the estate or having or claiming any interest in the estate files a written demand, the court shall:
(A)
Immediately direct that a bond be secured or increased; or
(B)
Hold a hearing at the earliest reasonable date to consider whether a bond shall be secured or increased and, if a bond will be secured or increased, the amount of the bond or increase of bond.
(2)
In the event that a bond is ordered or increased by the court upon written demand under subdivision (b)(1)(A) of this section, the personal representative may request an immediate hearing for reconsideration of the bond.
(c)
When two (2) or more persons are appointed personal representatives of the same estate and are required to give a bond, the court may require either a separate bond from each or one (1) bond from all of them.
Amended by Act 2023, No. 326,§ 3, eff. 8/1/2023.
Acts 1949, No. 140, §§ 80, 84; A.S.A. 1947, §§ 62-2211, 62-2215.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-202 - Failure to give bond or file acceptance

If at any time a personal representative fails to give a bond as required by the court or, if no bond is required, fails to file written acceptance of his or her appointment within the time fixed by the court, some other person shall be appointed in his or her stead. If letters have been issued, they shall be revoked.
Acts 1949, No. 140, § 87; A.S.A. 1947, § 62-2218.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-203 - [Repealed]

Repealed by Act 2023, No. 326,§ 4, eff. 8/1/2023.
Acts 1949, No. 140, §§ 85, 89; A.S.A. 1947, §§ 62-2216, 62-2220.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-205 - Approval of bond required

(a)
No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved by the court, or by the clerk, subject to confirmation by the court, and the approval is endorsed thereon.
(b)
Before giving approval of a bond executed by personal sureties, the court or clerk shall require affidavits from the sureties that they collectively own property in this state subject to execution of a value over and above their liabilities and equal to the amount of the bond.
(c)
In the event the bond is not approved, the personal representative, within such time as the court or the clerk may direct, shall secure a bond with satisfactory surety or sureties.
Acts 1949, No. 140, § 86; 1951, No. 255, § 7; A.S.A. 1947, § 62-2217.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-206 - Increase or reduction in amount - Dispensing with bond

The court may at any time increase, decrease, or dispense with the bond required of a personal representative when good cause appears upon a review of the court file, or upon the request of any interested party.
Amended by Act 2023, No. 326,§ 5, eff. 8/1/2023.
Acts 1949, No. 140, §§ 81, 88; 1951, No. 54, § 1; 1951, No. 255, § 6; 1961, No. 17, § 1; 1967, No. 287, § 7; 1975, No. 620, § 10; 1979, No. 384, § 1; A.S.A. 1947, §§ 62-2212, 62-2219; Acts 1999, No. 635, § 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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-207 - Obligations

(a)
The bond of the personal representative shall run to the State of Arkansas for the use of all persons interested in the estate and shall be for the security and benefit of such persons.
(b)
The sureties shall be jointly and severally liable with the personal representative and with each other.
Acts 1949, No. 140, § 83; A.S.A. 1947, § 62-2214.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-208 - Enforcement of obligations

(a)
The execution of the bond of a personal representative shall be deemed an appearance by the surety in the proceeding for the administration of the estate, but he or she shall be entitled to receive notices of all hearings with respect to his or her liability under the bond.
(b)
(1)
Subject to the provisions of subsection (c) of this section, upon breach of the obligation of the bond of the personal representative and after notice to the obligors on the bond and to such other persons as the court may direct, the court may summarily as a part of the proceeding for the administration of the estate determine the damages, enter judgment therefor against the obligors on the bond, and by appropriate process enforce the collection thereof.
(2)
The determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other interested person.
(3)
The court may hear the application at the time of settling the accounts of the defaulting personal representative or at such other time as the court may direct.
(4)
Damages shall be assessed in behalf of all interested persons and may be paid over to the successor or other nondefaulting personal representative and distributed as other assets held by the personal representative in his or her official capacity.
(5)
The same remedies shall be available against a defaulting personal representative irrespective of whether there is a bond.
(c)
If the estate is already distributed, or if for any reason the procedure to recover on the bond provided in subsection (b) of this section is inadequate, or at his or her election, an interested person may bring a separate suit in a court of competent jurisdiction in his or her own behalf for damages suffered by him or her by reason of the default of the personal representative.
(d)
The bond of the personal representative shall not be void upon the first recovery but may be proceeded upon from time to time until the whole penalty is exhausted.
Acts 1949, No. 140, § 90; A.S.A. 1947, § 62-2221.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 2 - BOND (§§ 28-48-201 — 28-48-209) › Section 28-48-209 - Agreement to deposit assets

It shall be lawful for the personal representative to agree with his or her surety for the deposit of any or all moneys and other assets of the estate with a bank, safe deposit, or trust company authorized by law to do business as such, or other depository approved by the court if the deposit is otherwise proper, in such manner as to prevent the withdrawal of the moneys or other assets without the written consent of the surety or on order of the court made on such notice to the surety as the court may direct. However, the agreement shall not alter the liability of the personal representative or surety as fixed by the bond.
Acts 1949, No. 140, § 82; A.S.A. 1947, § 62-2213.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 3 - PUBLIC ADMINISTRATORS (§§ 28-48-301 — 28-48-305) › Section 28-48-301 - Sheriff

(a)
By virtue of his or her office, the sheriff shall be public administrator in his or her county.
(b)
It shall be the duty of the public administrator to take custody of all property of every kind in the county belonging to a deceased person if:
(1)
The person dies or is found dead in the county without known spouse or next of kin and no qualified person petitions the court for grant of administration;
(2)
The person, though dying elsewhere, leaves any property in the county which is exposed to loss or damage or is not in the custody of some responsible person; or
(3)
For any other reason, the circuit court shall direct him or her to take custody of property.
Acts 1949, No. 140, § 174; A.S.A. 1947, § 62-3001.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 3 - PUBLIC ADMINISTRATORS (§§ 28-48-301 — 28-48-305) › Section 28-48-302 - Inventory and administration

The public administrator shall make an inventory of all property of a decedent taken into his or her custody and administer and account for it according to the provisions of the Probate Code for the administration of estates of decedents.
Acts 1949, No. 140, § 175; A.S.A. 1947, § 62-3002.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 3 - PUBLIC ADMINISTRATORS (§§ 28-48-301 — 28-48-305) › Section 28-48-303 - Bond

The sheriff and the sureties on his or her official bond shall be responsible for each estate for which he or she acts as public administrator for the faithful performance of his or her duties as such. However, the court in the exercise of its discretion may require him or her to file a bond as is provided in the Probate Code to be filed by a general personal representative, and the liability of the sureties on the special bond, if any, shall be exhausted before resort to the official bond.
Acts 1949, No. 140, § 176; A.S.A. 1947, § 62-3003.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 3 - PUBLIC ADMINISTRATORS (§§ 28-48-301 — 28-48-305) › Section 28-48-304 - Accounting to regular personal representative

Upon the appointment of a general personal representative in an estate for which the public administrator is acting, the administrator shall account for and deliver to the general personal representative all of the property of the estate in his or her hands.
Acts 1949, No. 140, § 177; A.S.A. 1947, § 62-3004.
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 48 - PERSONAL REPRESENTATIVES (§§ 28-48-101 — 28-48-305) › Subchapter 3 - PUBLIC ADMINISTRATORS (§§ 28-48-301 — 28-48-305) › Section 28-48-305 - Expiration of sheriff's term

If, at the expiration of his or her term of office, a sheriff is acting as public administrator of any estate, he or she shall conclude the administration of the estate within six (6) months of the expiration of his or her term if possible. Otherwise, he or she shall file his or her account and deliver to his or her successor in office the property of the estate in his or her hands.
Acts 1949, No. 140, § 178; A.S.A. 1947, § 62-3005.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-101 - Possession by personal representative

(a)
A personal representative shall have the right to, and shall, take possession of all of the personal property of the estate of the decedent, subject to the rights of dower and curtesy and statutory allowances of the surviving spouse or minor children, if any.
(b)
(1)
Real property shall be an asset in the hands of the personal representative when so directed by the will, if any, or when the court finds that the real property should be sold, mortgaged, leased, or exchanged for any purpose enumerated in §
28-51-103
, irrespective of whether any personal property of the estate, other than money, is available for such a purpose.
(2)
When real property has become an asset in the hands of the personal representative as provided in this section or when and as long as the court finds it necessary for the preservation of the property, for protecting the rights and interests of persons having interests therein, or for the benefit of the estate, the personal representative may collect rents and earnings from the property, pay taxes and special assessments thereon, make necessary repairs thereon, maintain the property in tenantable condition, preserve it against deterioration, protect it by insurance, and maintain or defend an action for the possession of the property, or to determine or protect the title until the real property is sold, mortgaged, leased, exchanged, or is delivered to the distributees thereof, or until the estate is settled.
(c)
Unless sold, mortgaged, leased, or exchanged by the personal representative pursuant to other provisions of the Probate Code, the real property shall not be distributable by the personal representative.
Acts 1949, No. 140, § 94; 1961, No. 424, § 1; A.S.A. 1947, § 62-2401.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-102 - Treatment of certain property as real or personal

(a)
Unless foreclosure has been completed by the decedent and the redemption period has expired prior to his or her death, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby which come into the hands of the personal representative, or any real property acquired by the personal representative in settlement of a debt or liability, shall be deemed personalty in his or her hands and be distributed and accounted for as such. However, if the property is sold by the personal representative, it shall be sold as real property.
(b)
Except as provided in subsection (a) of this section, in all cases of a sale of real property by a personal representative upon order of the court, the surplus of the proceeds of the sale remaining at the time of final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold.
Acts 1949, No. 140, § 99; A.S.A. 1947, § 62-2406.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-103 - Discovery of assets

(a)
If a personal representative or other person interested in the estate files with the court an affidavit stating that the affiant has good cause to believe that any person named in the affidavit has knowledge concerning or possession of any real or personal property or of any records, papers, or documents belonging to the decedent, or which affect his or her title to or rights in any property, the court shall have the power to cause the person to appear before the court and be examined on oath for the discovery of the same.
(b)
Any person failing to appear when ordered or refusing to answer proper questions shall be adjudged guilty of contempt of court and punished accordingly.
Acts 1949, No. 140, § 102; A.S.A. 1947, § 62-2409.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-104 - Settlements

(a)
When it appears to be for the best interest of the estate, or in the case of an action for wrongful death, for the best interest of the estate or widow and next of kin, the personal representative, upon the authorization of or approval by the court, may effect a compromise settlement of any claim, debt, or obligation due or owing to the estate, whether arising in contract or tort, or he or she may extend, renew, or in any manner modify the terms of any obligation owing to the estate.
(b)
If the personal representative holds a mortgage, pledge, or other lien upon property of another person, he or she may, in lieu of foreclosure, accept a conveyance or transfer of the encumbered assets from the owner thereof in satisfaction of the indebtedness secured by the lien, if it appears for the best interest of the estate and if the court shall so order.
Acts 1949, No. 140, § 96; 1951, No. 255, § 8; A.S.A. 1947, § 62-2403.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-105 - Recovery for property embezzled or converted

If any person embezzles or converts to his or her own use any of the personal property of a decedent before the appointment of a personal representative, the person shall be liable to the estate for the value of the property so embezzled or converted. No person shall be charged as executor de son tort.
Acts 1949, No. 140, § 101; A.S.A. 1947, § 62-2408.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-106 - Abandonment of property

When any property is valueless, or is so encumbered, or is in such condition that it is of no benefit to the estate, the court may order the personal representative to abandon it.
Acts 1949, No. 140, § 100; A.S.A. 1947, § 62-2407.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-107 - Property not paid for

(a)
If a decedent has purchased any real or personal property and has neither completed the payments therefor, nor devised the property, nor provided by will for payment therefor, and the completion of the payments would be beneficial to the estate and not injurious to creditors, the personal representative, upon order of the court, may complete the payments out of assets in his or her hands, and the property shall be disposed of as other property of the estate.
(b)
If the court finds that completion of the payments would not be beneficial to the estate or would be injurious to the creditors, the court may order the personal representative to sell all of the right, title, interest, and claim of the decedent in and to the property.
Acts 1949, No. 140, § 97; A.S.A. 1947, § 62-2404.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-108 - Mortgaged property

(a)
If a decedent has mortgaged any real or personal property, or has pledged any personal property, or at the time of his or her death owns an equity of redemption, and he or she has neither devised the property nor provided by will for the redemption thereof, the court may order the personal representative to redeem the property out of assets in his or her hands if the action would be beneficial to the estate and not injurious to creditors.
(b)
If redemption would be injurious to the estate or to the creditors, the court may order the personal representative to sell all of the right, title, and interest of the decedent in and to the property.
Acts 1949, No. 140, § 98; A.S.A. 1947, § 62-2405.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-109 - Fraudulent conveyances

(a)
A personal representative of a grantor who has fraudulently conveyed or transferred any interest in real or personal property with intent to delay his or her creditors in the collection of their just demands may apply to a court of competent jurisdiction to have the conveyance or transfer set aside and cancelled and to recover the property, or the value thereof, for the use and benefit of all persons having an interest in the estate of the fraudulent grantor.
(b)
No property so conveyed or transferred shall be taken from, nor shall any recovery be had from, any person who acquired any legal interest therein for a valuable consideration in good faith and without notice.
Acts 1949, No. 140, § 95; A.S.A. 1947, § 62-2402.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-110 - Inventories

(a)
(1)
Except as provided in this section, within two (2) months after his or her qualification or as the court may direct, a personal representative shall file a true and complete inventory of all property owned by the decedent at the time of his or her death, except such interests as terminated by reason of his or her death, describing each item of property in detail and setting out the personal representative's appraisement of the fair market value of the property as of the date of the death of the decedent.
(2)
The personal representative shall append to the inventory his or her affidavit to the effect that the inventory is complete and accurate to the best of his or her knowledge and belief and that the personal representative was not indebted or obligated to the deceased at the time of his or her death except as stated in the inventory.
(b)
Errors or omissions in an inventory shall be corrected by supplemental inventory or the next accounting of the personal representative or as the court may direct.
(c)
(1)
The filing of inventory shall not be required if all of the distributees who are competent and the legally appointed, qualified, and acting guardians of the estates of all those incompetent have filed written waiver of inventory, unless the court finds a need for filing the inventory.
(2)
However, if any person asserts a claim against the estate or claims an interest therein and makes written demand for the filing of an inventory, it shall be filed unless it is shown to the court that the alleged claim is invalid or has been paid or that the person alleging such an interest in the estate has, in fact, no interest therein.
(d)
Inventories may be introduced in evidence but shall not be conclusive for or against the personal representative or any person interested in the estate. Other evidence may be admitted to vary the effect thereof.
Acts 1949, No. 140, §§ 91, 92; 1973, No. 39, § 1; A.S.A. 1947, §§ 62-2301, 62-2302.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-111 - Debt of executor

Nomination in a will of any person as executor shall not operate as a discharge or bequest of any right of action which the testator had against the executor, but the right of action, if it survives, shall be included in the inventory among the assets of the decedent.
Acts 1949, No. 140, § 93; A.S.A. 1947, § 62-2303.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-112 - Continuation of business

(a)
(1)
Unless a testator shall otherwise direct by his or her last will and testament, a personal representative shall have authority to continue any business in which the decedent may have been engaged at the time of death for a period not exceeding one (1) month following the date of the granting of letters of administration without obtaining an order of the court, and, if the business is that of conducting farming operations, he or she may so continue the farming operations for a period of three (3) months or until the end of the calendar year in which the death of the decedent occurred, whichever shall be the longer.
(2)
Thereafter, upon petition of the personal representative, the court may order the further continuance of the operation of the business, if not a farming operation, by the personal representative for an additional period not to exceed three (3) months, and for an additional period not to exceed one (1) year if it is a farming operation.
(3)
The petition shall set forth the reasons why the petitioner believes the business should be further continued and a brief financial statement of the operation of the business by the petitioner.
(4)
The court may from time to time further continue the period during which the business may be so operated. However, no one (1) continuance shall be for a period exceeding three (3) months if a non-farming operation or one (1) year for a farming operation.
(5)
The personal representative shall not have the authority to bind the estate beyond the last period during which the business was authorized to be continued.
(b)
The estate, but not the personal representative personally, shall be liable for damages resulting from torts or other acts committed by agents and employees of the estate in the course of their employment.
(c)
It is specifically recognized that the operation of any business undertaking involves hazard, chance, and danger of loss. In recognition of this fact, it is declared to be the legislative intent that no personal representative shall be held personally liable for loss resulting from mere lack of familiarity with the business operations, mistake of judgment made in good faith, or like causes.
Acts 1949, No. 140, § 103; 1985, No. 1007, § 4; A.S.A. 1947, § 62-2410.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-113 - Power to borrow money

Upon a showing that such an action will be advantageous to the estate, the court may authorize the personal representative to borrow money, to execute notes and other legal evidences of indebtedness, and to mortgage property of the estate in accordance with the provisions of §§
28-51-201
and
28-51-301
.
Acts 1949, No. 140, § 104; A.S.A. 1947, § 62-2411.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-114 - Performance of decedent's contracts of sale

(a)
When a decedent shall have entered into a contract for the conveyance of real property or sale of specific personal property which was not performed during his or her lifetime, the court, upon petition of the personal representative, the purchaser, or other interested person, if it finds that the decedent, if he or she had lived, could have been required to make the conveyance or consummate the sale, shall direct the personal representative to execute the deed of conveyance or the bill of sale pursuant to the terms of the original contract. The conveyance or bill of sale shall have the same effect to pass the title or interest of the decedent as if made by him or her personally.
(b)
(1)
If the contract requires the giving of warranties, the deed or bill of sale to be given by the personal representative shall contain the warranties required.
(2)
The warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally.
(c)
A certified copy of the order authorizing the execution of the instrument may be recorded with the deed or bill of sale in the office of the recorder for the county where the property is situated and shall be prima facie evidence of the due appointment and qualification of the personal representative, the correctness of the proceedings, and the authority of the personal representative to make the conveyance.
Acts 1949, No. 140, § 105; A.S.A. 1947, § 62-2412.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-115 - Investment of funds

Subject to his or her primary duty to preserve the estate for prompt distribution and to the terms of the will, if any, the personal representative, whenever it is reasonable to do so, shall invest the funds of the estate and make them productive. The investments shall be restricted to those permitted to guardians by the Probate Code.
Acts 1949, No. 140, § 106; A.S.A. 1947, § 62-2413.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-116 - Bank deposits

A personal representative may, and when ordered by the court shall, deposit, as a fiduciary, the funds of the estate in a bank or banks of this state, as a general deposit, either in a checking account or a savings account.
Acts 1949, No. 140, § 107; A.S.A. 1947, § 62-2414.
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 49 - MANAGEMENT OF ASSETS (§§ 28-49-101 — 28-49-117) › Section 28-49-117 - Authority to execute joint tax returns

(a)
Except as otherwise directed by the decedent in his or her will, upon petition of a personal representative or guardian of the estate of an incompetent person, the personal representative or guardian shall have the authority, when authorized by the court:
(1)
To join with the spouse of a decedent or of a ward in the making of a joint income tax return for the decedent or ward and his or her spouse;
(2)
To require such indemnity, if any, as the court may direct;
(3)
To consent, for gift tax purposes, to gifts made by the spouse of a decedent or ward to the end that gifts to which consent is given shall be treated for gift tax purposes as if made one-half (½) by the decedent, or ward, and one-half (½) by his or her spouse;
(4)
To enter into a contract with the spouse of a decedent or ward in respect to any joint income tax return or any such consent, or in respect to any matter arising therefrom.
(b)
An order authorizing the personal representative or guardian to take any action authorized by this section shall be entered only upon a hearing, held after notice given to such persons as the court may direct. Any liability incurred by the fiduciary pursuant to any such order shall be incurred on behalf of the estate of the decedent or ward.
Acts 1949, No. 140, § 105.1, as added by Acts 1951, No. 255, § 9; A.S.A. 1947, § 62-2412.1.
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 50 - CLAIMS AGAINST ESTATES (§§ 28-50-101 — 28-50-114) › Section 28-50-102 - Commencement or revival of actions

(a)
The provisions of §
28-50-101
shall not preclude the commencement or continuance of separate actions against the personal representative as such for the debts and other liabilities of the decedent, if commenced or revived within the periods stated in §
28-50-101
.
(b)
Any action pending against any person at the time of his or her death, which survives against the personal representative, shall be considered a claim duly filed against the estate from the time the action is revived, and any action commenced against a personal representative as such after the death of the decedent shall be considered a claim duly filed against the estate from the time such an action is commenced, if, within the time required by §
28-50-101
for filing claims against the estate, the plaintiff in the action files with the circuit court in which the estate is being administered a copy of the petition for revivor or of the complaint or a statement signed by the plaintiff or his or her attorney setting forth a description of the nature of the action, the claim, or demand involved, the parties to the action, and the court in which the action is pending.
(c)
Nothing in this section shall impair the individual liability of the personal representative for his or her own acts and contracts in the administration of the estate.
Acts 1949, No. 140, § 111; A.S.A. 1947, § 62-2602.
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 50 - CLAIMS AGAINST ESTATES (§§ 28-50-101 — 28-50-114) › Section 28-50-103 - Form and verification of claims

(a)
No claim shall be allowed against an estate on application of the claimant unless it shall be in writing, describe the nature and the amount of the claim, if ascertainable, and be accompanied by the affidavit of the claimant or someone for him or her that the amount is justly due or, if not yet due, when it will or may become due, that no payments have been made on the claim which are not credited, and that there are no offsets to the claim, to the knowledge of the affiant, except as stated in the claim.
(b)
If the claim is contingent, the nature of the contingency shall be stated also.
(c)
If the claim has been assigned after the death of the decedent, the affidavit required in this section shall be made by or on behalf of the person owning the claim at the date of death of the decedent and by or on behalf of the assignee.
(d)
If a claim is founded on a written instrument, the original or a copy thereof with all endorsements must be attached to the claim.
(e)
The original instrument must be exhibited to the personal representative or court, upon demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim.
Acts 1949, No. 140, § 112; A.S.A. 1947, § 62-2603.
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 50 - CLAIMS AGAINST ESTATES (§§ 28-50-101 — 28-50-114) › Section 28-50-104 - Presentation and filing of claims

(a)
(1)
A person having a claim against an estate may present it to the personal representative, properly verified, for approval.
(2)
The personal representative shall endorse upon the claim the date of the presentation to him or her, his or her approval or disapproval of the claim, and, if approved, the classification of the claim, and he or she shall sign the endorsement.
(3)
A claim approved by the personal representative must be filed with the court by or on behalf of the claimant within thirty (30) days after the expiration of six (6) months from the date of the first publication of the notice to creditors or it shall be barred, as provided in §
28-50-101
.
(4)
A claim, disapproved or not acted upon by the personal representative, must be filed with the court by or on behalf of the claimant within the period fixed by §
28-50-101
or within thirty (30) days after the date of its presentation to the personal representative, whichever shall be the later date, or it shall be barred, as provided in §
28-50-101
.
(b)
As an alternative to the procedure set forth in subsection (a) of this section, a person having a claim against an estate may file it with the court, whereupon the clerk shall notify the personal representative, by ordinary mail, of the filing of the claim.
Acts 1949, No. 140, § 113; 1967, No. 287, § 9; A.S.A. 1947, § 62-2604.