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18-60-406. Court-appointed guardians for minors.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-406. Court-appointed guardians for minors.
(a) It shall be lawful for the circuit court of the proper county, for any of the purposes intended by § 18-60-401, and before or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all the purposes of this act, shall have the same powers as any general guardian.
(b) It shall be the duty of any court appointing any guardian for any minor entitled to any moneys arising from the sale in §§ 18-60-420 — 18-60-423 to require of the guardian a bond to the state, with such security as the court shall deem sufficient, conditioned for the faithful discharge of the duty or trust committed to him or her and that he or she will render a just and true account of his or her guardianship in all courts and places when required.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-60-406
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b55d134d200e4c012dacd0f3fde6d1dda621450caf20f6830a3bcdf13f8bbb05
Source location: content.xml paragraph 12904
Stored source content
18-60-406. Court-appointed guardians for minors.
(a) It shall be lawful for the circuit court of the proper county, for any of the purposes intended by § 18-60-401, and before or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all the purposes of this act, shall have the same powers as any general guardian.
(b) It shall be the duty of any court appointing any guardian for any minor entitled to any moneys arising from the sale in §§ 18-60-420 — 18-60-423 to require of the guardian a bond to the state, with such security as the court shall deem sufficient, conditioned for the faithful discharge of the duty or trust committed to him or her and that he or she will render a just and true account of his or her guardianship in all courts and places when required.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-401. Petition — Determination of heirs property — Applicability.
(a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.
(b)(1) The petition shall contain:
(A) The description of the property;
(B) The names of each party having an interest in the property and the nature and amount of the interest; and
(C) A prayer for:
(i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and
(ii) Any other appropriate relief.
(2) All persons interested in the property who have not united in the petition shall be summoned to appear.
(c)(1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002.
(2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002:
(A) Apply to the partition of the property; and
(B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-60-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-420. Sale of land not susceptible to division.
(a) If the commissioners appointed under this subchapter report to the court that all or part of the land or tenements of which partition had been directed are so situated that partition cannot be made without great prejudice to the owners of the land or tenements, the court may, if satisfied that the report is just and correct, make an order that the commissioners sell all or part of the land or tenements:
(1) At public auction to the highest bidder; or
(2) By a negotiated sale under terms and conditions established by the court, including without limitation by engaging a licensed real estate broker to sell the land or tenements.
(b) The court making the order of sale shall therein direct the terms and conditions, time and place of sale, the credit, if any, and the security to be taken.
(c) The commissioners shall give notice of the time and place and terms of any sale to be made by them, in accordance with the order of the court directing the sale.
(d)(1) If the premises consist of distinct farms, buildings, tracts, or lots of land, they shall be sold separately.
(2) When any tract of land or lot can be divided for the purpose of sale, with advantage to the parties interested, it may be so divided and sold in parcels.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-420
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-60-420. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-60-423. Distribution of sale proceeds.
The proceeds of every sale, after deducting the costs and expenses of the proceedings, shall be divided among the parties whose rights and interests shall have been sold, in proportion to their respective rights in the premises, and shall be paid to them, their guardians, or legal representatives by the commissioners.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-60-423
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-60-423. This identifies an authority to review, not proof of applicability.