Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms
41 chapters · 852 sections in this title.
Ark. Code Ann. § 28-15-101 Title
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This chapter may be cited as the Uniform Community Property Disposition at Death Act.
Ark. Code Ann. § 28-15-102 Definitions
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(1) In this chapter:(1) “Community-property spouse” means an individual in a marriage or other relationship:(A) under which community property could be acquired during the existence of the relationship; and(B) that remains in existence at the time of death of either party to the …
Ark. Code Ann. § 28-15-103 Included and excluded property
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(a) Subject to subsection (b), this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held:(1) if a decedent was domiciled in this state at the time of death:(A) all or a proportionate part of each item of pe…
Ark. Code Ann. § 28-15-104 Form of partition, reclassification, or waiver
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(a) Community-property spouses domiciled in this state may partition or reclassify property to which this chapter otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses. (b) A community-property spouse domiciled in t…
Ark. Code Ann. § 28-15-105 Community property presumption
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All property acquired by a community-property spouse when domiciled in a jurisdiction where community property then could be acquired by the community-property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of …
Ark. Code Ann. § 28-15-106 Disposition of property at death
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(a) One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death. (b) One-half of the property to which this chapter applies belongs to the decedent and is subjec…
Ark. Code Ann. § 28-15-107 Other remedies available at death
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(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:(1) the surviving community-property spouse or decedent during the marriage …
Ark. Code Ann. § 28-15-108 Right of surviving community-property spouse
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(a) The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:(1) In an action asserting a right in or to property, the surviving community-property spouse must:(A) not l…
Ark. Code Ann. § 28-15-109 Right of heir, devisee, or nonprobate transferee
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(1) An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:(1) In an action asserting a right in or to property, the heir, devisee, or nonpr…
Ark. Code Ann. § 28-15-110 Protection of third person
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(a) With respect to property to which this chapter applies, a person is not liable under this chapter to the extent the person:(1) transacts in good faith and for value:(A) with a community-property spouse; or(B) after the death of the decedent, with a surviving community-propert…
Ark. Code Ann. § 28-15-111 Principles of law and equity
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The principles of law and equity supplement this chapter except to the extent inconsistent with this chapter.
Ark. Code Ann. § 28-15-112 Uniformity of application and construction
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In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
Ark. Code Ann. § 28-15-113 Saving provision
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If a right with respect to property to which this chapter applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before August 1, 2023, that statute continues to apply to the right even if the statute has been…
Ark. Code Ann. § 28-15-114 Transitional provision
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Except as provided in § 28-15-113, this chapter applies to a judicial proceeding with respect to property to which this chapter applies commenced on or after August 1, 2023, regardless of the date of death of the decedent.