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

This act may be cited as the “Probate Code”.

(a) As used in the Probate Code:(1) “Child” denotes a natural or adopted child, but does not include a grandchild or other more remote descendant or an illegitimate child except such as would inherit under the law of descent and distribution;(2) “Claims” includes liabilities of t…

(a) Effective Date. The Probate Code shall take effect on July 1, 1949, except that, when its application, or parts thereof, would not be feasible or would work injustice in particular proceedings then pending, the former procedure shall apply. (b) Rights Not Affected. Acts done …

(1) The circuit court shall have jurisdiction over:(1) The administration, settlement, and distribution of estates of decedents;(2) The probate of wills;(3) The persons and estates of minors;(4) Persons of unsound mind and their estates;(5) The determination of heirship or of ado…

A.C.A. § 28-1-105Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) Circuit courts shall have the authority to appoint referees in probate in the respective counties in the manner and with the powers and duties as provided by Supreme Court rule. (b) (1) In the absence of the circuit judge or a referee within a county, the probate clerk of the…

A.C.A. § 28-1-107Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) The following records of the court shall be maintained:(1) An index in which files pertaining to estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the ward. The file and docket number shall be …

(a) Unless otherwise provided, every application to the court shall be by petition signed and verified by or on behalf of the petitioner. (b) This requirement shall be mandatory but not jurisdictional, and noncompliance therewith shall not alone be grounds for appeal.

(a) On or before the day set for hearing, an interested person may file written objections to a petition previously filed. (b) Upon special order or general rule of the court, objections to a petition must be filed in writing as a prerequisite to being heard by the court.

(a) Circuit courts shall have the power and duty to appoint a guardian ad litem to a proceeding to represent an incompetent party who is not represented by a guardian or next friend and, for the protection of the interests of a nonresident party who is not represented before the …

(a) When Notice to Be Given. Notice to interested persons need be given only when and as specifically provided for in the Probate Code or as ordered by the court. When no notice is required by the Probate Code, the court, by rule or by order in a particular case, may require such…

(a) A person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice. (b) A waiver in writing, executed in person or by attorney, in behalf of a person who is interested in a hearing in a probate proceeding, shall be effective if made by:…

A.C.A. § 28-1-114Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) For good cause and at any time within the period allowed for appeal after the final termination of the administration of the estate of a decedent or ward, the court may vacate or modify an order or grant a rehearing. However, no such power shall exist as to any order from whi…

(a) Appeal Permitted. Except as provided in subsection (b) of this section, a person aggrieved by an order of the circuit court in probate proceedings under the provisions of the Probate Code may obtain a review of the order by the Supreme Court or the Court of Appeals. (b) Order…

Anything permitted or required by the Probate Code to be served or transmitted by registered mail may be served or transmitted either by registered mail or by certified mail, and return receipts for the delivery of certified mail shall be received in the courts as prima facie evi…

(a) For purposes of the Probate Code, a “deceased viable fetus” is considered a person and decedent so that the probate division of circuit court may have jurisdiction for the administration, settlement, and distribution of the deceased fetus's estate. (b) No person shall be liab…

(a) As used in this section, “healthcare provider” means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession. (b) A healthcar…

This subchapter may be cited as the “Uniform Disclaimer of Property Interests Act (1999).”

(1) In this subchapter:(1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.(2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.(3) “Disclai…

This subchapter applies to disclaimers of any interest in or power over property, whenever created.

(a) Unless displaced by a provision of this subchapter, the principles of law and equity supplement this subchapter. (b) This subchapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this…

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation…

(a) In this section:(1) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.(2) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment. (1) “F…

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:(1) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder …

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

(1) If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.(2) If the h…

(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by an object or taker in default of an exercis…

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exerc…

(a) In this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of:(1) an annuity or insurance policy;(2) an account with a designation for payment on death;(3) a security registered in beneficiary form;(4) a p…

(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:(1) the disclaimant accepts the interest sought to be disclaimed;(2) the dis…

Notwithstanding any other provision of this subchapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, an…

(a) If real property or an interest therein is disclaimed, a copy of the disclaimer shall be recorded in the office of the circuit clerk of the county in which the property or interest disclaimed is located. (b) If an interest in or relating to real property is disclaimed and rec…

A guardian of the property or an executor or administrator of the estate of a minor, incompetent, or deceased beneficiary may, if the fiduciary deems it to be in the best interest of those concerned with the estate of the beneficiary and of those who will take the beneficiary's i…

This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery…

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.

A.C.A. § 28-2-219Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

This act takes effect on September 1, 2003.

Sections 28-2-101 — 28-2-109 are repealed.

All survivorships of real and personal estate are forever abolished.

(a) In the event that there is cause to believe that a person domiciled in this state is deceased, either by virtue of having been missing for more than five (5) years under § 16-40-105 or by the nature of his or her absence, any interested party may file an action in the probate…

This subchapter may be cited as the “Arkansas Inheritance Code of 1969”.

(1) As used in this subchapter:(1) (A) “Descendants” means a person's children, grandchildren, and all others, however remotely related to such a person, who are in a direct line of descent from him or her. In other words, the term “descendants” refers to lineal descendants and e…

(a) Any part of the estate of a decedent not effectively disposed of by his or her will shall pass to his or her heirs as prescribed in the following sections. (b) In this connection, the terms “heir” and “heirs”, as used in this subchapter, are intended to designate the person o…

(1) Heirs will take per capita in the following circumstances:(1) (A) If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate's estate in equal shares and will be said to tak…

(a) (1) Heirs will take “per stirpes” if the intestate is predeceased by one (1) or more persons who would have been entitled to inherit from the intestate had such a person survived the intestate.(2) The intestate's estate shall be divided into as many equal shares as there are:…

(a) Heirs may inherit every right, title, and interest not terminated by the intestate's death in real or personal property owned by an intestate at the time of the intestate's death and not disposed of by will. (b) The rights of heirs will be subject to:(1) The dower or curtesy …

When real or personal property is transmitted by inheritance to two (2) or more persons, they will take the same as tenants in common. However, when personal property is distributed in separate units by a personal representative, each distributee will hold his or her distributed …

The common law principle that in the matter of inheritance the male will be preferred over the female shall constitute no part of the Arkansas law of inheritance.