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 50 - CLAIMS AGAINST ESTATES (§§ 28-50-101 — 28-50-114) › Section 28-50-105 - Allowance of claims

(a)
(1)
Except as provided in subsections (b) and (c) of this section, no claimant shall be entitled to payment unless his or her claim shall have been duly filed with and allowed by the court.
(2)
Except in the case of the personal representative's own claim, any claim which is approved by him or her in writing and which has been duly filed may be allowed by the court at any time without formal hearing.
(3)
A claim which has been disapproved or not acted upon by the personal representative shall be set by rule or order of the court for a hearing on a day certain, and notice of the hearing shall be given by the clerk to the personal representative, to the claimant, and to other persons, if any, as the court may direct.
(4)
Upon the adjudication of a claim, the court shall allow it in whole or in part and classify it or disallow it.
(5)
The order allowing the claim shall have the effect of a judgment and bear interest at the legal rate unless the claim provides otherwise, in which case the judgment shall be rendered accordingly.
(6)
Limitations shall begin to run the day the claim is allowed, and such an allowed claim may be revived in the same manner as judgments at law.
(b)
Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed at any accounting, regardless of whether or not they have been paid by the personal representative.
(c)
(1)
Notwithstanding the provisions of §
28-50-103
, the personal representative may pay reasonable funeral expenses and reasonable medical and other expenses incident to the last illness, as well as claims amounting in aggregate to three thousand dollars ($3,000) or less, no one (1) of which shall exceed the sum of three hundred dollars ($300), and he or she may take credit in his or her settlement.
(2)
However, the burden shall be upon the personal representative, at the request of an interested person, to establish the validity of any such claim paid under this subsection.
(3)
Objection to any payment made under this subsection shall be made within the time provided by the Probate Code for filing exceptions to the settlement and not thereafter.
Acts 1949, No. 140, § 114; 1967, No. 287, §§ 10, 11; A.S.A. 1947, § 62-2605; Acts 1987, No. 907, § 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 28-50-106 - Classification and payment of claims

(a)
At the time of their allowance, all claims shall be classified in one (1) of the following classes, and, if the applicable assets of the estate are insufficient to pay all claims, the personal representative shall make payment in the following order:
(1)
Costs and expenses of administration;
(2)
Reasonable funeral expenses, reasonable medical and other expenses incident to the last illness, and wages of employees of the decedent;
(3)
Claims based on a liability of the decedent for any state tax debt assessed against the decedent, or due at the time of his or her death, or due from the decedent's estate as a result of his or her death; and
(4)
All other claims allowed.
(b)
No preference shall be given in the payment of any claim over any other claim of the same class, nor shall a claim due and payable be entitled to a preference over claims not due.
Acts 1949, No. 140, § 115; A.S.A. 1947, § 62-2606; Acts 1995, No. 391, § 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 28-50-107 - Claims of personal representative

A personal representative may establish a claim he or she may have against the estate by filing the claim with the court. Upon a hearing after such notice as it shall direct and if satisfied as to the validity of the claim, the court shall enter an order allowing it.
Acts 1949, No. 140, § 116; A.S.A. 1947, § 62-2607.
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 28-50-108 - Claims not due

(a)
Upon proof of a claim which will become due at some future time, the amount of which is capable of ascertainment, the court shall allow it at the present value of the claim, and payment may be made as in the case of an absolute claim which has been allowed.
(b)
However, if the obligation upon which the claim was founded was entered into before July 1, 1949, payment may be made as provided in subsection (a) of this section if the creditor agrees thereto. Otherwise, the court may order the personal representative to retain in his or her hands sufficient funds to satisfy the claim upon maturity, or, if the distributees shall give a bond acceptable to the creditor and approved by the court for the payment of the creditor's claim in accordance with the terms thereof, the court may order the bond to be given in satisfaction of the claim and the estate may be closed.
Acts 1949, No. 140, § 117; A.S.A. 1947, § 62-2608.
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 28-50-110 - Contingent claims

(a)
(1)
Contingent claims which cannot be allowed as absolute debts may, nevertheless, be filed in the court and proved.
(2)
If allowed as a contingent claim, the order of allowance shall state the nature of the contingency.
(3)
If the claim becomes absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class.
(4)
In all other cases, the court may order the personal representative to make distribution of the estate, but to retain in his or her hands sufficient funds to pay the claim if and when the claim becomes absolute. However, for this purpose, the estate shall not be kept open longer than two (2) years after distribution of the remainder of the estate has been made. Prior to or at the expiration of the two-year period, if the claim has not become absolute, the court may order distribution of the funds so retained, after paying any costs and expenses accruing during the period, and the distributees shall be liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute. When distribution is so made, the court may require the distributees to give bond with security for the satisfaction of their liability to the contingent creditor.
(b)
A contingent claim which becomes absolute six (6) months or more prior to the order of final distribution shall be presented for allowance within six (6) months after becoming absolute. When allowed, the claim shall be deemed an absolute claim as against assets which have not been distributed or distribution of which has not been approved and shall be entitled to the benefit of the provisions of subsection (c) of this section as to assets which do not remain in the hands or subject to the control of the personal representative.
(c)
Contingent claims not presented within the time prescribed by §
28-50-101
or subsection (b) of this section shall be barred as against the estate, but, within the time permitted by law for bringing actions thereon, may be enforced against distributees of the estate to the extent of the assets of the estate or the proceeds thereof remaining in the hands of the distributees.
Acts 1949, No. 140, § 119; A.S.A. 1947, § 62-2610.
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 28-50-111 - Payment of contingent claims by distributees - Contribution

(a)
If a contingent claim shall have been presented and allowed against an estate and all the assets of the estate including the fund, if any, set apart for the payment thereof shall have been distributed, and the claim shall thereafter become absolute, then the creditor shall have the right to recover thereon in a court having equitable jurisdiction against those distributees whose distributive shares have been increased by reason of the fact that the amount of the claim as finally determined was not paid out prior to final distribution, provided an action therefor shall be commenced within the time permitted by law for bringing an action.
(b)
The distributees shall be jointly and severally liable, but no distributee shall be liable for an amount exceeding the value of the estate or fund so distributed to him or her.
(c)
If more than one (1) distributee is liable to the creditor, he or she shall make all distributees who can be reached by process parties to the action.
(d)
(1)
By its judgment, the court shall determine the amount of the liability of each of the defendants as between themselves.
(2)
However, if any defendant is insolvent or unable to pay his or her proportion, or is beyond the reach of process, the others, to the extent of their respective liabilities, nevertheless shall be liable to the creditor for the whole amount of his or her debt.
(3)
If any person liable for the debt fails to pay his or her just proportion to the creditor, he or she shall be liable to indemnify all who, by reason of the failure on his or her part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.
Acts 1949, No. 140, § 120; A.S.A. 1947, § 62-2611.
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 28-50-112 - Compromise of claims

When a claim against the estate has been filed or suit thereon is pending, if it appears to be in the best interest of the estate and subject to the court's authorization or approval, the creditor and personal representative may compromise the claim whether due or not due, absolute or contingent, liquidated or unliquidated.
Acts 1949, No. 140, § 121; A.S.A. 1947, § 62-2612.
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 28-50-113 - Payment of claims

(a)
Upon expiration of six (6) months after the date of the first publication of notice to creditors and the final adjudication of all claims filed against the estate, the personal representative shall proceed to pay the claims allowed against the estate in accordance with the provisions of the Probate Code.
(b)
If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good and sufficient cause, the personal representative may report that fact to the court and apply for any order that he or she deems necessary in connection therewith.
(c)
(1)
The court, by order, shall direct the application of the assets of the estate to the payment of claims of the several classes in accordance with the order of priority set forth in §
28-50-106
.
(2)
If there are sufficient assets to pay part, but not all, of the claims of a single class, the assets applicable thereto shall be apportioned between the claims of the class.
(d)
Prior to the expiration of the period of six (6) months, the personal representative shall pay such of the claims as the court shall order, and the court may require bond or security to be given by the creditor to refund such part of the payment as may be necessary to make payment in accordance with the provisions of the Probate Code, but all payments made by the personal representative without order of court shall be at his or her own peril.
Acts 1949, No. 140, § 122; A.S.A. 1947, § 62-2613.
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 28-50-114 - Execution and levies prohibited

(a)
No execution shall issue upon nor shall any levy be made against any property of the estate under any judgment against a decedent or a personal representative.
(b)
However, the provisions of this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding.
Acts 1949, No. 140, § 123; A.S.A. 1947, § 62-2614.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-101 - No priority between real and personal property

(a)
In determining what property of the estate shall be sold, mortgaged, leased, or exchanged for any purpose provided in §
28-51-103
, there shall be no priority as between real and personal property except as provided by the will, if any, or by order of the court or by the provisions of §
28-53-107
.
(b)
It shall not be necessary that assets of either class, real or personal, other than cash assets, be exhausted before resorting to an asset of the other class for the accomplishment of any purpose enumerated in §
28-51-103
.
Acts 1949, No. 140, § 124; 1961, No. 424, § 2; A.S.A. 1947, § 62-2701.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-102 - Grant of power in will

When power to sell, mortgage, lease, or exchange property of the estate has been given to a personal representative under the terms of a will, the personal representative may proceed under the power, or, consistent with the provisions of the will, may proceed under the provisions of the Probate Code, as he or she may determine.
Acts 1949, No. 140, § 126; A.S.A. 1947, § 62-2703.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-103 - Transfers pursuant to court orders

(a)
Real or personal property belonging to an estate may be sold, mortgaged, leased, or exchanged under court order when necessary for any of the following purposes:
(1)
For the payment of claims;
(2)
For the payment of a legacy given by the will of the decedent;
(3)
For the preservation or protection of assets of the estate;
(4)
For making distribution of the estate or any part thereof; or
(5)
For any other purpose in the best interest of the estate.
(b)
In the event the selection of property of the estate to be sold for any of the purposes enumerated in subsection (a) of this section results in a discrimination against the distributees of the property ordered sold, the court, in the distribution of the estate, shall order contribution to be made between the respective distributees in such manner as to equitably distribute the burden of payment of claims and to avoid an infringement of the substantive rights of the distributees of the estate.
(c)
Real or personal property specifically devised or bequeathed shall not be sold for the purpose of the payment of claims if other assets of the estate are available.
(d)
An order authorizing a personal representative to sell, mortgage, or lease real or personal property for the payment of obligations of the estate shall not be granted if any of the persons interested in the estate shall execute and file in the court a bond in a sum and with sureties as the court may approve, conditioned as the court may direct, to preserve the rights and equities of all interested persons, within such time as the court shall direct. An action may be maintained on the bond by the personal representative on behalf of any interested person who is prejudiced by breach of any obligation of the bond.
(e)
(1)
Upon the petition of a creditor or other interested person, the court shall require the personal representative to show cause why he or she should not proceed to sell, mortgage, or lease specific property of the estate for a purpose enumerated in subsection (a) of this section.
(2)
If, after a hearing, the court finds it to be advantageous to the estate or necessary for the protection of the rights of interested persons, the court shall order the personal representative to proceed with the sale, mortgage, or lease of the property.
Acts 1949, No. 140, §§ 127-129; A.S.A. 1947, §§ 62-2704 -- 62-2706.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-104 - Sale of a homestead

The homestead of a decedent, while it remains the homestead of his or her spouse or minor children, shall not be sold by a personal representative for the payment of debts of the decedent.
Acts 1949, No. 140, § 125; 1981, No. 714, § 72; A.S.A. 1947, § 62-2702.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-105 - Terms of sale

(a)
In all sales of real or personal property, the court may authorize credit to be extended by the personal representative for a period not exceeding ten (10) years from the date of the sale and for an amount not exceeding ninety percent (90%) of the purchase price, the payment of which shall be secured by retention of title or reservation of a vendor's lien and in addition may be secured by notes or bonds with sureties approved by the personal representative, subject to the control of the court.
(b)
If credit is authorized, the order shall specify the time of payment, the minimum rate of interest on deferred payments, and the manner in which the payments shall be secured.
(c)
However, the extension of credit shall not extend or prohibit the closing of the estate if all other pertinent matters before the estate have been resolved to the court's satisfaction.
Acts 1949, No. 140, § 130; 1983, No. 658, § 1; A.S.A. 1947, § 62-2707.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-106 - Purchase by personal representative

A personal representative shall not purchase property of the estate unless sold at public sale and approved by the court after a hearing on confirmation of the sale, notice of the hearing having been given to the distributees, and then only if the personal representative is a spouse, parent, descendant, brother, or sister of the decedent, or at the time of the sale is, and at the time of the death of the decedent was, the owner of an interest in the property.
Acts 1949, No. 140, § 131; A.S.A. 1947, § 62-2708.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-107 - Purchase by holder of lien

(a)
At any sale of real or personal property upon which there is a mortgage, pledge, or other lien, the holder thereof may become the purchaser and, unless the property is being sold subject to the lien, may apply the amount of his or her lien on the purchase price in the following manner:
(1)
If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby and may authorize the personal representative to accept the receipt of the purchaser for the amount due thereunder and secured thereby as payment pro tanto.
(2)
If the mortgage, pledge, or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him or her from the proceeds of the sale is a payment pro tanto.
(b)
Nothing permitted under the terms of this section shall be deemed to be an allowance of a claim based upon the mortgage, pledge, or other lien.
Acts 1949, No. 140, § 132; A.S.A. 1947, § 62-2709.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-108 - Exchange of property

Whenever it shall appear upon the petition of the personal representative or of an interested person to be for the best interest of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may direct, which may include the payment or receipt of money by the personal representative. Upon the exchange of personal property or real property, the proceedings for the sale of the respective kinds of property shall be followed as far as applicable.
Acts 1949, No. 140, § 146; A.S.A. 1947, § 62-2723.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 28-51-101 — 28-51-109) › Section 28-51-109 - Validity of proceedings - Appeals

(a)
(1)
The findings of fact and conclusions of law essential to the validity of a sale, mortgage, lease, exchange, or conveyance of property of an estate by a personal representative, as contained in an order authorizing the sale or other disposition, or in an order confirming the sale or other disposition of property, shall not be subject to collateral attack.
(2)
However, on appeal from an order of confirmation, the party appealing may have appellate review not only of the order of confirmation, but also the original order authorizing the sale, mortgage, lease, exchange, or conveyance, although the time as otherwise provided for appeal from the order has elapsed.
(b)
Sales or conveyances of property by a personal representative by proceedings not in substantial compliance with the provisions of the Probate Code shall be void.
Acts 1949, No. 140, § 133; A.S.A. 1947, § 62-2710.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 2 - PERSONAL PROPERTY (§§ 28-51-201 — 28-51-203) › Section 28-51-201 - Sale, mortgage, lease, or exchange

(a)
The petition of a personal representative for authority to sell, mortgage, lease, or exchange personal property of an estate shall be heard without notice, or upon such notice as the court may direct.
(b)
The court, if satisfied as to the necessity or desirability of the action, may order the personal representative to proceed with the sale or other disposition at public or private sale and upon terms and conditions as by the court may be specifically directed.
(c)
The court shall prescribe safeguards to assure that the sale, mortgage, lease, or exchange is for an adequate consideration and for the best interest of the estate.
(d)
The court, in its discretion, may require confirmation of any sale or other disposition of personal property.
Acts 1949, No. 140, § 134; A.S.A. 1947, § 62-2711.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 2 - PERSONAL PROPERTY (§§ 28-51-201 — 28-51-203) › Section 28-51-202 - Sale of perishable property

Perishable personal property may be sold by the personal representative without an order of the court. However, the personal representative shall be responsible for the actual value of the property unless he or she shall promptly file a report of the sale and obtain the court's approval.
Acts 1949, No. 140, § 135; A.S.A. 1947, § 62-2712.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 2 - PERSONAL PROPERTY (§§ 28-51-201 — 28-51-203) › Section 28-51-203 - Sale, mortgage, or lease of real and personal property as a unit

Whenever in the discretion of the court it is for the best interest of the estate, real and personal property of the estate may be sold, mortgaged, or leased as a unit, but the provisions of the Probate Code with respect to the sale, mortgage, or lease of real property shall apply.
Acts 1949, No. 140, § 136; A.S.A. 1947, § 62-2713.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-301 - Sale, mortgage, or lease

(a)
(1)
Upon petition of a personal representative, the court having jurisdiction of the administration of the estate may order the sale, mortgage, or lease of real property of the estate, or timber thereon located, or oil, gas, or other minerals or mineral rights or interests appertaining thereto, or any part of or interest in the property, wherever situated in this state.
(2)
The court may authorize the execution of any contract relating to, or conveyance or transfer of, any such property, right, or interest, containing such customary or desirable provisions with reference thereto, as the court shall find to be for the best interest of the estate.
(b)
The petition shall set forth the reasons for the application and describe the property or right or interest involved and the terms of the contract, conveyance, or transfer for which authority is sought and shall include a description of the bond of the personal representative and a statement of the facts essential to determine its sufficiency.
(c)
Upon the filing of the petition, the court shall fix the time and place for the hearing. Notice of the hearing stating the nature of the application shall be given to such interested persons as the court may direct in the manner provided in §
28-1-112
, unless the value of the interest to be sold, mortgaged, or leased is not more than ten thousand dollars ($10,000), in which case the court, at its discretion, may hear the petition without notice.
(d)
At the hearing and upon satisfactory proof, the court may order the sale, mortgage, or lease of the property described or any part thereof or right or interest therein.
(e)
At the discretion of the court, real property encumbered by a lien may be ordered sold subject to the lien.
Acts 1949, No. 140, § 137; 1951, No. 255, § 11; 1967, No. 287, § 13; A.S.A. 1947, § 62-2714; Acts 2003, No. 177, § 3.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-302 - Valuation

(a)
Before a personal representative shall sell real property, he or she shall have it valued by a certified appraiser, a licensed real estate agent or broker, or another real estate professional.
(b)
The evaluator shall value the real property at its full and fair value and immediately deliver the valuation certified by him or her under oath to the personal representative.
(c)
The valuation shall be filed with the clerk prior to or contemporaneously with the order authorizing the sale.
(d)
In connection with a hearing on the petition for the order of sale, or prior to the hearing, upon proper notice, the court, upon evidence heard, may approve, modify, or reject the valuation.
Amended by Act 2023, No. 326,§ 6, eff. 8/1/2023.
Acts 1949, No. 140, § 139; A.S.A. 1947, § 62-2716; Acts 1995, No. 406, § 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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-303 - Order for sale, mortgage, or lease

(a)
The order for sale, mortgage, or lease shall describe the property to be sold, mortgaged, or leased and may designate the sequence in which the several parcels shall be sold, mortgaged, or leased.
(b)
(1)
The order shall contain appropriate provisions with respect to the bond of the personal representative and shall direct whether the property shall be sold at private sale or public auction, and if the latter, the place or places of sale.
(2)
(A)
If the sale is to be at public auction, the property shall be sold for not less than three-fourths (¾) of its appraised value.
(B)
A private sale shall be for not less than ninety percent (90%) of the estimated value thereof, except upon a finding by the court of good cause shown after a hearing for which all interested parties have had reasonable notice.
(3)
The order shall direct whether the sale shall be for cash or for cash and deferred payments and the terms on which such deferred payments are to be made.
(c)
If real property is to be mortgaged, the order shall fix the maximum amount of principal debt which may be secured, the maximum rate of interest which the debt may bear, and the earliest and latest date of maturity and shall direct the purpose for which the proceeds shall be used.
(d)
Except in the case of an oil, gas, or other mineral lease, real property of an estate may not be leased by a personal representative for a term exceeding three (3) years. The order authorizing the lease shall specify the maximum term thereof.
(e)
In appropriate cases the order shall specify restrictions, reservations, terms, and conditions under which the property is to be sold, mortgaged, or leased.
(f)
An order for sale, mortgage, or lease shall remain in force until terminated by the court.
Amended by Act 2023, No. 326,§ 7, eff. 8/1/2023.
Acts 1949, No. 140, § 140; 1951, No. 255, § 11a; A.S.A. 1947, § 62-2717.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-304 - Sales at public auction

(a)
(1)
In all sales of real property at public auction, the personal representative shall give notice of the sale, particularly describing the property to be sold, and stating the time, place, and terms of sale.
(2)
The notice shall be printed one (1) time a week for three (3) consecutive weeks in a newspaper published or having a general circulation in the county in which the property is situated.
(3)
(A)
If the notice covers property located in more than one (1) county, the notice shall be published as prescribed in this section in each county in which the property is situated.
(B)
However, if the notice embraces tracts which are contiguous and lie in more than one (1) county, the notice shall be published in the county in which the greater part in value is situated.
(4)
If the property is appraised at not more than five hundred dollars ($500), in lieu of newspaper publication the personal representative may post the notice in the courthouse of each county in which the property is situated in a conspicuous place near a principal entrance, post the notice on each tract to be sold, and post three (3) additional notices in each county in which the property is situated.
(b)
If the tracts to be sold are contiguous and lie in more than one (1) county, the sale may be made in the county in which the greater part of the land, in value, is situated. Otherwise, each tract of land shall be sold in the county in which it is situated.
Acts 1949, No. 140, § 141; A.S.A. 1947, § 62-2718.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-305 - Report and confirmation

(a)
Within ten (10) days after making any sale, mortgage, or lease of real property, the personal representative shall make a verified report to the court of his or her proceeding, with proof of publication or posting in case the sale is made at public auction. The report shall state that the personal representative did not directly or indirectly acquire any beneficial interest in the real property, or the lease thereof, or, if he or she acquired any such interest, specific facts showing that it was acquired in conformity with the provisions of the Probate Code.
(b)
An interested person may file written objections to the confirmation.
(c)
(1)
(A)
The court shall examine the report and, if satisfied that the sale, mortgage, or lease has been at a price and on terms advantageous to the estate and in all respects made in conformity with law, shall confirm the sale, mortgage, or lease and order the personal representative to execute and deliver to the person entitled a deed, mortgage, lease, or other appropriate instrument.
(B)
However, no report shall be confirmed within five (5) days after the filing unless all persons interested in the estate, either in person or by attorney or guardian, shall consent in writing to the confirmation.
(2)
The instrument shall refer to the order of sale, mortgage, or lease by its date and the court by which it was made, shall transfer to the grantee, mortgagee, or lessee all the right, title, and interest of the decedent granted by the instrument, and shall discharge from liability for all debts and obligations incident to the administration of the estate, except encumbrances assumed.
(d)
If satisfied that the sale, mortgage, or lease is not advantageous to the estate or has not been made in conformity with law, the court may reject the sale, mortgage, or lease or require a reexecution of the order upon such terms and conditions as it may direct.
(e)
However, when the order is for private sale, mortgage, or lease, the court may approve the report and confirm the sale immediately, either by endorsement upon the report of sale, mortgage, or lease or by separate order of confirmation. If approval and confirmation is by endorsement upon the report, the report, with endorsement, shall be recorded.
Acts 1949, No. 140, § 142; 1967, No. 287, § 14; A.S.A. 1947, § 62-2719.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-306 - Execution of conveyance - Recordation

(a)
Upon the confirmation of any sale, mortgage, or lease in accordance with §
28-51-305
, the personal representative shall execute, acknowledge, and deliver a conveyance to the grantee or mortgagee or join the lessee in the execution of a lease according to the order of confirmation.
(b)
A certified copy of the order may be recorded with the deed or other instrument in the office of the recorder of the county where the land lies and shall be prima facie evidence of the:
(1)
Due appointment and qualification of the personal representative;
(2)
Correctness of the proceedings; and
(3)
Authority of the personal representative to execute the instrument.
(c)
The foregoing provision shall in no way limit the effect of the provisions of §
28-51-109
.
Acts 1949, No. 140, § 143; A.S.A. 1947, § 62-2720.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-307 - Expenses of sale

In connection with the sale, mortgage, lease, or exchange of property, the court may authorize the personal representative to pay, out of the proceeds realized or out of the estate, the customary and reasonable auctioneers' and brokers' fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps, and other necessary costs and expenses in connection therewith.
Acts 1949, No. 140, § 144; A.S.A. 1947, § 62-2721.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-308 - Platting and dedication

When it is for the best interest of the estate in order to dispose of real property, the court, upon application by the personal representative or other interested person, may authorize the personal representative, either alone or together with other owners, to plat any land belonging to the estate in accordance with the statutes in regard to platting and to dedicate lands in connection therewith.
Acts 1949, No. 140, § 145; A.S.A. 1947, § 62-2722.
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 51 - TRANSFERS OF PROPERTY (§§ 28-51-101 — 28-51-309) › Subchapter 3 - REAL PROPERTY INTERESTS (§§ 28-51-301 — 28-51-309) › Section 28-51-309 - Waiver of landlord's lien

In order to enable a lessee, tenant, or sharecropper on lands of the estate to obtain money, advances, or supplies with which to plant, cultivate, or harvest crops growing or to be grown on lands of the estate, a personal representative, upon the authorization of or approval by the court, may waive or subordinate, in whole or in part, a landlord's lien held by the estate.
Acts 1949, No. 140, § 138; A.S.A. 1947, § 62-2715.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-101 - Liability of personal representative

(a)
Property of the Estate.
A personal representative shall be liable for and chargeable in his or her accounts with all of the estate of the decedent which, at any time, comes into his or her possession, including income therefrom. However, he or she shall not be:
(1)
Accountable for any debts due the decedent or other assets of the estate which, without his or her fault, remain uncollected;
(2)
Entitled to any profit by the increase of the estate or value thereof; and
(3)
Chargeable for any loss of, damage to, or decrease in value of the estate which occurs without his or her fault.
(b)
Property Not a Part of Estate.
A personal representative shall be chargeable in his or her accounts with property not a part of the estate which comes into his or her hands at any time and shall be liable to the persons entitled to that property, if:
(1)
The property was received under a duty imposed on him or her by law in the capacity of personal representative; or
(2)
He or she has commingled the property with the assets of the estate.
(c)
Breach of Duty.
A personal representative shall be liable and chargeable in his or her accounts for loss resulting from:
(1)
Neglect or unreasonable delay in collecting the assets of the estate;
(2)
Neglect or unreasonable delay in any sale, mortgage, or lease of the property of the estate which has been ordered by the court;
(3)
Neglect or unreasonable delay in paying over money or delivering property of the estate which is in his or her hands;
(4)
Embezzlement or commingling of the assets of the estate with other property;
(5)
Self dealing;
(6)
The wrongful acts or omissions of his or her corepresentative which he or she could have prevented by the exercise of ordinary care; or
(7)
Any other neglect or willful act in his or her administration of the estate.
(d)
When Not Personally Liable.
A personal representative shall not be made liable in his or her individual capacity on account of any action brought or judgment rendered against him or her in his or her capacity as personal representative, nor shall a personal representative, as such, be made liable on account of a judgment rendered against him or her in his or her fiduciary capacity for an amount more than the assets of the estate which are applicable to the payment of the judgment.
Acts 1949, No. 140, § 147; A.S.A. 1947, § 62-2801.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-102 - Duty to close estate

(a)
A personal representative shall close the estate as promptly as practicable.
(b)
Upon petition of an interested person, the court may cite the personal representative to show cause why an estate should not be closed.
Acts 1949, No. 140, § 148; A.S.A. 1947, § 62-2802.
Arkansas Code of 1987 (2023) › Title 28 - WILLS, ESTATES, AND FIDUCIARY RELATIONSHIPS (§§ 28-1-101 — 28) › Subtitle 4 - ADMINISTRATION OF DECEDENTS' ESTATES (§§ 28-38-101 — 28-54-115) › Chapter 52 - ACCOUNTING (§§ 28-52-101 — 28-52-110) › Section 28-52-103 - Filing of accounts

(a)
A personal representative must file with the court a verified account of his or her administration:
(1)
Upon filing a petition for final settlement;
(2)
Upon the revocation of his or her letters;
(3)
Upon his or her application to resign and before his or her resignation is accepted by the court;
(4)
Annually during the period of administration unless the court otherwise directs; and
(5)
At any other time when directed by the court either of its own motion or on the application of an interested person.
(b)
(1)
(A)
If the personal representative dies or becomes incompetent, his or her account may be presented by his or her personal representative or the guardian of his or her estate to, and may be settled by, the court in which the estate of which he or she was personal representative is being administered.
(B)
Upon petition of the successor of the deceased or incompetent personal representative, the court shall compel the personal representative or guardian to render an account of the administration of the estate of the decedent, and the court shall settle the account as in other cases.
(2)
A surety on the bond of a personal representative may file an account on behalf of his or her principal when the principal, or his or her personal representative or guardian, if he or she is deceased or incompetent, is in default in the filing of such an account.
(c)
(1)
If a personal representative fails to present his or her account for settlement when due, it shall be the duty of the clerk to issue a citation in any county in the state where the delinquent personal representative may reside or be found, requiring him or her to present his or her account for settlement within thirty (30) days and to show cause why an attachment shall not be issued against him or her for not having presented his or her account according to law.
(2)
The court shall have power to issue attachments and all other process necessary to compel the settlement of accounts by personal representatives, to enforce the judgments and orders of the court, and may assess against the personal representative any costs incurred by reason of his or her neglect of duty.
Acts 1949, No. 140, §§ 149, 158, 159; A.S.A. 1947, §§ 62-2803, 62-2812, 62-2813.