Arkansas Code Title 28, Subtitle 4, Chapter 40, Subchapter 1 - Proceedings Generally

• § 28-40-101 - Character of Proceeding.
  (a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the...
• § 28-40-102 - Venue.
  (a) The venue for the probate of a will and for administration shall be: (1) In the county in this state where the decedent...
• § 28-40-103 - Time Limit for Probate and Administration.
  (a) No will shall be admitted to probate and no administration shall be granted unless application is made to the court for admission to...
• § 28-40-104 - No Will Effectual Until Probated -- Unprobated Wills Admitted As Evidence.
  (a) No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal...
• § 28-40-105 - Delivery of Will by Custodian.
  (a) After the death of a testator, the person having custody of his or her will shall deliver it to the court which has...
• § 28-40-106 - Powers of Nominated Executor Prior to Appointment.
  (a) Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take...
• § 28-40-107 - Petition for Probate and Appointment of Personal Representative.
  (a) An interested person may petition the court of the proper county: (1) For the admission of the will to probate, although it may...
• § 28-40-108 - Requests for Notices.
  (a) (1) If an interested person desires to be notified before a will is admitted to probate or before a general personal representative is...
• § 28-40-109 - Hearing on Petition Without Notice.
  Upon filing the petition for probate or for the appointment of a general personal representative, if no demand for notice has been filed as...
• § 28-40-110 - Notice of Hearing on Petitions.
  (a) If the petition for probate or for the appointment of a general personal representative is opposed, or if a demand for notice has...
• § 28-40-111 - Notice of Appointment of Personal Representative.
  (a) (1) (A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice...
• § 28-40-112 - Search for Alleged Decedent.
  Whenever there is reasonable doubt that the person whose estate is to be administered is dead, the court, upon application of an interested person,...
• § 28-40-113 - Contest of Will Generally.
  (a) An interested person may contest the probate of a will, or any part thereof, by stating in writing the grounds of his or...
• § 28-40-114 - Notice of Contest.
  (a) (1) If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the...
• § 28-40-115 - Contest of Will -- Rights of Persons Acquiring Interest in Property Prior to Filing of Objections.
  (a) If, prior to the filing of an objection to the probate of a will, real or personal property or any security interest therein...
• § 28-40-116 - Will Subsequently Presented for Probate.
  (a) If, after a petition for the probate of a will or for the appointment of a general personal representative has been filed and...
• § 28-40-117 - Proof of Will.
  (a) An attested will shall be proved as follows: (1) By the testimony of at least two (2) attesting witnesses, if living at known...
• § 28-40-118 - Manner of Taking Testimony.
  (a) If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court...
• § 28-40-119 - Conditions on Which Probate Ordered and Letters Granted.
  (a) On a petition for the probate of a will, if the court finds that the testator is dead, that the instrument offered for...
• § 28-40-120 - Probate of Will of Nonresident.
  (a) When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate...
• § 28-40-121 - Finality of Order -- Conclusiveness of Finding of Death.
  An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final,...
• § 28-40-122 - Certificate of Probate.
  (a) When proved as provided in this subchapter, every will, if in the custody of the court, shall have endorsed thereon or annexed thereto...
• § 28-40-123 - Recording Will in Other Counties.
  The personal representative shall cause a certified copy of the will, with a certificate of probate annexed thereto, to be recorded in the office...

Last modified: November 15, 2016