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28-1-106. Referees and probate clerks.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-1-106. Referees and probate clerks.

28-1-106. Referees and probate clerks. (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 circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees. (2) However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court. (c)(1) The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to: (A) Take acknowledgments; (B) Administer oaths; (C) Issue notices and process; (D) Certify copies of instruments, documents, and records of the court; and (E) Perform the usual functions of his or her office and other functions as may be authorized by law. (2) All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction. (d) The probate clerk of the circuit court shall be the custodian of all adoption records and documents.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-106

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:28-1-106
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3f1a4cc6b0f24521259cd15f26264aa7f189a59976f75e907785b75d3468634f

Source location: content.xml paragraph 250

Stored source content

28-1-106. Referees and probate clerks. (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 circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees. (2) However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court. (c)(1) The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to: (A) Take acknowledgments; (B) Administer oaths; (C) Issue notices and process; (D) Certify copies of instruments, documents, and records of the court; and (E) Perform the usual functions of his or her office and other functions as may be authorized by law. (2) All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction. (d) The probate clerk of the circuit court shall be the custodian of all adoption records and documents.

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