Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms
41 chapters · 852 sections in this title.
Ark. Code Ann. § 28-53-101 Determination of heirship
7.0K chars
(a) Right to Bring Proceedings. Whenever a person has died leaving in this state property or an interest therein, a person claiming an interest in the property as heir or distributee, or a person claiming through an heir or distributee, or the personal representative of the deced…
Ark. Code Ann. § 28-53-102 Partial distribution
3.0K chars
(a) Delivery of Specific Property to Distributee Before Final Order. (1) Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents …
Ark. Code Ann. § 28-53-103 Order of final distribution — Notice and hearing
1.1K chars
(a) Upon the filing of a final account of a personal representative praying for an order of final distribution or for approval of final distribution previously made, the court shall fix a date for hearing, not earlier than sixty (60) days after such a filing. (b) In addition to t…
Ark. Code Ann. § 28-53-104 Order of final distribution — Contents
1.6K chars
(a) The order authorizing, directing, or approving a final distribution shall state that:(1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;(2) The notice required by § 28-53-103 has been given or…
Ark. Code Ann. § 28-53-105 Order of final distribution — Conclusiveness
0.5K chars
(a) The order of final distribution shall be a conclusive determination as to the persons who are the successors in interest to that part of the estate of the decedent passing through the hands of the personal representative and as to the extent and character of their interests t…
Ark. Code Ann. § 28-53-106 Account not approved
0.3K chars
If the final account is not approved, the court shall enter an order specifying wherein and the extent to which the account is not approved and directing a restatement of the account and such further action, if any, on the part of the personal representative as the court finds to…
Ark. Code Ann. § 28-53-107 Abatement
1.9K chars
(a) Except as provided in subsection (c) of this section, shares of the distributees shall abate for the payment of claims, legacies, the family allowances, the shares of pretermitted heirs, or the share of the surviving spouse who is entitled to and elects to take against the wi…
Ark. Code Ann. § 28-53-108 Contribution
0.8K chars
(a) When real or personal property which has been specifically devised or charged with a legacy shall be sold or taken by the personal representative for the payment of claims, general legacies, the family allowances, the shares of pretermitted heirs, or the share of a surviving …
Ark. Code Ann. § 28-53-109 Determination of advancements
0.3K chars
(a) All questions of advancements made or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at an earlier date if the court so directs. (b) The amount of every advanc…
Ark. Code Ann. § 28-53-110 Improper distributions
1.4K chars
(a) Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitations, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return any property improperly received, which is ot…
Ark. Code Ann. § 28-53-111 Setoffs
0.5K chars
When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the dist…
Ark. Code Ann. § 28-53-112 Interest — Income and increment
0.8K chars
(a) Interest. Unless a contrary intent is indicated by will, if the estate is solvent, general legacies shall bear interest at the rate of six percent (6%) per annum, or the then-prevailing legal rate, beginning fifteen (15) months after commencement of administration, but not be…
Ark. Code Ann. § 28-53-113 Exoneration of encumbered property
0.3K chars
As between the distributees, secured debts shall be discharged out of the general assets of the estate, subject to the right of a decedent to provide otherwise by will. However, nothing in this section shall preclude a secured creditor from having recourse to his or her security …
Ark. Code Ann. § 28-53-114 Distribution in kind
2.0K chars
(a) When the estate is otherwise ready to be distributed, it may be distributed in kind, unless the terms of the will provide otherwise or unless a partition sale is ordered. (b) (1) Upon petition of an interested person, except as provided in subdivision (b)(2) of this section, …
Ark. Code Ann. § 28-53-115 Partition
1.3K chars
(a) When two (2) or more distributees are entitled to distribution of undivided interests in any personal property of the estate, distribution shall be made of undivided interests therein unless the personal representative or one (1) or more of the distributees shall petition the…
Ark. Code Ann. § 28-53-116 Missing or unavailable distributees
4.2K chars
(a) (1) If, upon the filing of a petition for an order of final distribution, it appears that any distributee of the estate cannot be found, or for any reason the personal representative is unable to deliver to a distributee his or her distributable share of the estate and obtain…
Ark. Code Ann. § 28-53-117 Escheats
0.1K chars
No part of the present law of escheats shall be repealed by the Probate Code.
Ark. Code Ann. § 28-53-118 Discharge of personal representative
1.6K chars
(a) (1) Upon the filing of evidence satisfactory to the court that distribution has been made as directed in the order of final distribution, the court shall enter an order discharging the personal representative and his or her surety from further liability or accountability with…
Ark. Code Ann. § 28-53-119 Reopening administration
1.5K chars
(a) (1) If, after an estate has been settled and the personal representative discharged, other property of the estate is discovered, or if it appears that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, u…
Ark. Code Ann. § 28-53-201 Prior law and distributions unaffected
0.2K chars
This subchapter shall not be deemed to create any implication of change in existing law or invalidate any distribution in kind made prior to March 6, 1967, with respect to which values other than those specified in this subchapter were used.
Ark. Code Ann. § 28-53-202 Applicability of subchapter
0.3K chars
This subchapter shall be effective with respect to all wills and revocable inter vivos trusts executed or created before or after March 6, 1967, by persons dying on or after March 6, 1967, and to irrevocable inter vivos trusts created on or after March 6, 1967.
Ark. Code Ann. § 28-53-203 Allocation of assets with value equivalent to federal estate tax value
1.0K chars
Whenever under any last will and testament or trust instrument of a decedent who is survived by a spouse, the executor, trustee, or other fiduciary is authorized to or required by the terms of such an instrument to satisfy a pecuniary bequest, including a pecuniary bequest in tru…
Ark. Code Ann. § 28-53-204 Assets distributed to be representative of appreciation or depreciation of all assets
0.7K chars
A provision in a last will and testament or trust instrument that an executor or fiduciary authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust with assets in kind at their federal estate tax values or at any values other than fair market values…
Ark. Code Ann. § 28-53-205 Alternative valuations
1.8K chars
(a) Whenever there is a provision in the will or governing instrument that an executor or fiduciary who is authorized or required by its terms to satisfy a pecuniary bequest or transfer in trust, with assets in kind at their federal estate tax values or at any value other than fa…