Title 40 — Estates and Fiduciary Relations
5 chapters · 65 sections in this title.
A.S.C.A. § 40.0201 Succession to personal property
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When any person having any title to any personal property dies without disposing of such personal property by will, it shall be succeeded to and must be distributed, subject to the payment of debts, in the following manner: (a) Subject to dower, the children of the intestate and …
A.S.C.A. § 40.0202 Succession to real property
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When any person having any title to any real property dies without disposing of such real property by will, it shall be succeeded to and must be distributed, subject to the payment of debts and the rights of dower, in the following manner: (a) All real property shall lineally des…
A.S.C.A. § 40.0203 Escheat
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If there is no one capable of succeeding to either real or personal property under the provisions of 40.0201 and 40.0202, the real and personal property of the decedent shall escheat to the government as the ultimate heir. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 198…
A.S.C.A. § 40.0204 Distribution to per stirpes
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Whenever under the provisions of this chapter, any persons shall succeed to either real or personal property by right of representation, distribution shall be made per stirpes and not per capita. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.
A.S.C.A. § 40.0205 Heirs must be living or born within ten months of decedent’s death
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No person may succeed to either real or personal property of a decedent unless such person was in life at the death of the decedent or born within 10 lunar months after the death of the decedent. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-3 1 § 1.
A.S.C.A. § 40.0206 Chapter not applicable to communal property
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The provisions of this chapter do not apply to communal property held under the Samoan custom. History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.