Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms

(a) An attested will shall be proved as follows:(1) By the testimony of at least two (2) attesting witnesses, if living at known addresses within the continental United States and capable of testifying; or(2) (A) If only one (1) or neither of the attesting witnesses is living at …

(a) If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise. (b) If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will s…

(a) On a petition for the probate of a will, if the court finds that the testator is dead, that the instrument offered for probate was executed in all respects according to law when the testator was competent to do so and acting without undue influence, fraud, or restraint, that …

(a) When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate jurisdiction, an authenticated copy thereof, accompanied by an authenticated copy of the order admitting the will to probate, may be filed f…

(1) An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions:(1) It may be reopened at any time prior to the order of final distribution for the purpose of admi…

(a) When proved as provided in this subchapter, every will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the clerk that the will has been probated. (b) If for any reason a will is not in the custody of the court, the court shall …

The personal representative shall cause a certified copy of the will, with a certificate of probate annexed thereto, to be recorded in the office of the recorder in each county in this state other than the county of probate in which real property of the decedent is situated, the …

This subchapter shall be known and may be cited as the “Arkansas Ante-Mortem Probate Act of 1979”.

(a) Any person who executes a will disposing of all or part of an estate located in Arkansas may institute an action in the circuit court of the appropriate county of this state for a declaratory judgment establishing the validity of the will. (b) All beneficiaries named in the w…

(a) If the court finds that the will was properly executed, that the testator had the requisite testamentary capacity and freedom from undue influence at the time of execution, and that the will is otherwise valid, it shall declare the will valid and order it placed on file with …

Whenever any will shall be lost, or destroyed by accident or design, the circuit court shall have the same power to take proof of the execution of the will and to establish the same, as in cases of lost deeds.

(1) No will of any testator shall be allowed to be proved as a lost or destroyed will unless:(1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and(2) The will is:(A) Proved to ha…

(a) Upon a lost or destroyed will's being established by the decree of a competent court, the decree shall be recorded by the probate clerk of the circuit court before which the will might have been proved if it had not been lost or destroyed. (b) Letters testamentary or of admin…

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, the court to which the application shall be made shall have authority to restrain the administrator so appointed from any ac…

(a) (1) The distributee of an estate may collect and distribute the assets of an estate under this section without the appointment of a personal representative when:(A) No petition for the appointment of a personal representative is pending or has been granted;(B) Forty-five (45)…

(a) The person making payment, transfer, or delivery pursuant to the affidavit described in § 28-41-101 shall be released to the same extent as if made to a personal representative of the decedent, and he or she shall not be required to see to the application thereof or to inquir…

(a) Either with or without administration, if the court shall determine upon petition of an interested person that the personal property owned by a decedent at the time of his or her death does not exceed that to which the surviving spouse, if any, or minor children, if any, are …

At any time within one (1) year after the making of an order as provided in § 28-41-103, the court, either for good cause shown upon petition of an interested person or upon its own motion, may set the order aside.

Except when special provision is made otherwise, the law and procedure relating to the administration of estates of resident decedents shall apply to the ancillary administration of estates of nonresident decedents.

(a) (1) A foreign personal representative, upon the filing of an authenticated copy of his or her domiciliary letters with the circuit court of the county of proper venue, may be issued letters in this state, notwithstanding that the personal representative is a nonresident of th…

An ancillary personal representative shall give bond as required by § 28-48-201. However, if he or she is a resident of this state, the bond may be reduced or dispensed with in accordance with § 28-48-206.

Prior to the granting of ancillary letters to a nonresident, the nonresident ancillary personal representative shall comply with the provisions of § 28-48-101(b)(6) concerning designation of an agent to accept service of process.

(a) (1) If any other person has been appointed local personal representative, the foreign personal representative, not later than twenty (20) days after the dispatch of notice to him or her under § 28-42-102, unless this period is extended for cause by the court, may apply for re…

(a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdict…

An ancillary personal representative may pay a claim against the estate only if it has been presented and allowed in the manner and within the time required to establish a claim against an estate of domiciliary administration in this state.

(a) Equality Subject to Preferences and Security. (1) If the estate, either in this state or as a whole, is insolvent, it shall be disposed of so that, as far as possible, each creditor whose claim has been allowed, either in this state or elsewhere, shall receive an equal propor…

(a) (1) Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction.(2) This transfer may be conditi…

(a) At any time after the expiration of sixty (60) days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose …

(a) A foreign personal representative submits himself or herself to the jurisdiction of the courts of this state by:(1) Receiving payment of money, or taking delivery of personal property under § 28-42-110; or(2) Doing any act as a personal representative in this state which woul…

(a) Domiciliary letters testamentary or of general administration may be granted to one (1) or more of the natural or corporate persons mentioned in this section who are not disqualified, in the following order of priority:(1) To the executor or executors nominated in the will;(2…

(a) When a duly appointed personal representative has given such bond as may be required and the bond has been approved by the court or by the clerk, subject to confirmation by the court, or, if no bond is required, when the personal representative has filed with the clerk a writ…

(a) For good cause shown, a special administrator may be appointed pending the appointment of an executor or a general administrator or after the appointment of an executor or a general administrator, with or without the removal of the executor or general administrator. (b) A spe…

(a) Unless otherwise provided by will, the powers given to two (2) personal representatives may be exercised only by their joint action, and powers given to more than two (2) personal representatives may be exercised only by the joint action of a majority of them. (b) Every power…

(a) (1) When the personal representative becomes mentally incompetent, disqualified, unsuitable, or incapable of discharging his or her trust, has mismanaged the estate, has failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be a resid…

(a) The death of a personal representative or the appointment of a guardian for the estate of a personal representative terminates his or her appointment. (b) Until appointment and qualification of a successor or special representative to replace the deceased or incompetent repre…

(a) When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may, and, if he or she was the sole or last surviving personal representative and the administration is not completed, the court shall, appoint ano…

(a) The personal representative shall be allowed such compensation for his or her services, when and as earned, as the court shall deem just and reasonable. Except as provided in subsection (b) of this section, this compensation is not to exceed ten percent (10%) of the first one…

(a) When any person nominated in a will as executor or the administrator with the will annexed, in good faith defends the will or prosecutes any proceedings for the purpose of having it admitted to probate, whether successful or not, he or she shall be allowed out of the estate h…

(a) Prior to the issuance of letters of administration or at any time during the pendency of the matter, the court may require a bond from the personal representative with a corporate surety authorized to do business in this state for the benefit of the interested parties, or suc…

If at any time a personal representative fails to give a bond as required by the court or, if no bond is required, fails to file written acceptance of his or her appointment within the time fixed by the court, some other person shall be appointed in his or her stead. If letters h…

A.C.A. § 28-48-203Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

With appropriate variations in the case of an executor, administrator with will annexed, or other special case, the bond of the personal representative shall be in substantially the following form:Click here to view form.

(a) No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved by the court, or by the clerk, subject to confirmation by the court, and the approval is endorsed thereon. (b) Before giving approval of a bond executed by personal…

The court may at any time increase, decrease, or dispense with the bond required of a personal representative when good cause appears upon a review of the court file, or upon the request of any interested party.

(a) The bond of the personal representative shall run to the State of Arkansas for the use of all persons interested in the estate and shall be for the security and benefit of such persons. (b) The sureties shall be jointly and severally liable with the personal representative an…

(a) The execution of the bond of a personal representative shall be deemed an appearance by the surety in the proceeding for the administration of the estate, but he or she shall be entitled to receive notices of all hearings with respect to his or her liability under the bond. (…

It shall be lawful for the personal representative to agree with his or her surety for the deposit of any or all moneys and other assets of the estate with a bank, safe deposit, or trust company authorized by law to do business as such, or other depository approved by the court i…

(a) By virtue of his or her office, the sheriff shall be public administrator in his or her county. (b) It shall be the duty of the public administrator to take custody of all property of every kind in the county belonging to a deceased person if:(1) The person dies or is found d…

The public administrator shall make an inventory of all property of a decedent taken into his or her custody and administer and account for it according to the provisions of the Probate Code for the administration of estates of decedents.

The sheriff and the sureties on his or her official bond shall be responsible for each estate for which he or she acts as public administrator for the faithful performance of his or her duties as such. However, the court in the exercise of its discretion may require him or her to…