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28-1-113. Waiver of notice.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-1-113. Waiver of notice.
(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:
(1) A legally competent person in his or her own behalf;
(2) The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse;
(3) An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian;
(4) Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age;
(5) A guardian ad litem in behalf of an incompetent person;
(6) A trustee in behalf of a beneficiary of his or her trust; or
(7) A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country.
(c) A waiver, executed by a competent person in his or her own behalf or by his or her attorney, by its terms, may include one (1) or more hearings in a particular probate proceeding.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-113
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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Record provenance
Stable record: arkansas_code:legal_authorities:28-1-113
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bec1504c877e3e75d179e0a31765de9e393509e8c972ecae610b490ef683cc23
Source location: content.xml paragraph 387
Stored source content
28-1-113. Waiver of notice.
(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:
(1) A legally competent person in his or her own behalf;
(2) The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse;
(3) An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian;
(4) Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age;
(5) A guardian ad litem in behalf of an incompetent person;
(6) A trustee in behalf of a beneficiary of his or her trust; or
(7) A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country.
(c) A waiver, executed by a competent person in his or her own behalf or by his or her attorney, by its terms, may include one (1) or more hearings in a particular probate proceeding.
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