Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms
41 chapters · 852 sections in this title.
Ark. Code Ann. § 28-13-101 Applicability of chapter
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The provisions of this chapter shall apply to all estates which have not escheated to the state prior to March 28, 1985.
Ark. Code Ann. § 28-13-102 Prerequisites to escheat of property
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If any person dies seized of any real or personal estate, without any devise thereof, and leaving no heirs or representatives capable of inheriting the estate, or the devisees are incapable of holding the estate, and when there is no owner of real estate capable of holding the es…
Ark. Code Ann. § 28-13-103 Claims for nursing care of intestate
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(a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amo…
Ark. Code Ann. § 28-13-104 Settlement of administrator's accounts
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(a) When there is administration granted and there are no known heirs or legal representatives of the intestate, or no person shall appear, within two (2) years after granting letters of administration, to claim the personal estate of the intestate, as next of kin, the administra…
Ark. Code Ann. § 28-13-105 Prosecuting attorney — Duties
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(a) When there are no known heirs or legal representatives, the prosecuting attorney for the district within which the courts are held wherein the accounts of any such administrator are required to be settled shall:(1) Examine the proceedings of the administration;(2) Cause proce…
Ark. Code Ann. § 28-13-106 Escheat of real property — Proceedings
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(a) (1) When the prosecuting attorney for the district has been informed or has reason to believe that any real estate within his or her district has escheated to the county and the estate has not been sold, according to law, within three (3) years after the death of the person l…
Ark. Code Ann. § 28-13-107 Escheat of real property — Judgments
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(a) If no person appears and pleads, or, appearing, refuses to plead within the term, then judgment shall be rendered that the county is seized of the lands and tenements in the information claimed. (b) (1) If, after the issues are tried, it appears from the facts found or admitt…
Ark. Code Ann. § 28-13-108 Escheat of real property — Vesting title in county
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(a) A writ shall be issued to the sheriff of the proper county commanding the sheriff to seize the real estate vested in the county. (b) Upon the return of the writ of seizure, the prosecuting attorney for the district shall:(1) Cause the record and process to be exemplified unde…
Ark. Code Ann. § 28-13-109 Sale of escheated real estate
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(a) The county judge may cause the estate to be sold at any time after seizure, in such manner as may be provided by the quorum court. In such a case, the claimants shall be entitled to the proceeds, in lieu of the real estate, upon obtaining a decree or order reclaiming the esch…
Ark. Code Ann. § 28-13-110 Reclamation of escheated property
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(a) (1) (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided…
Ark. Code Ann. § 28-13-111 Review of proceedings
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Any party who has appeared to any proceedings, and the prosecuting attorney for the circuit on behalf of the county, shall have the right to prosecute an appeal or writ of error upon the judgment.
Ark. Code Ann. § 28-13-112 County treasurer's duties
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The county treasurer shall keep just accounts of all moneys paid into the treasury and of all lands vested in the county under the provisions of this chapter.