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28-13-103. Claims for nursing care of intestate.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-13-103. Claims for nursing care of intestate.
(a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amount of nursing care paid for by the department for the intestate.
(b) The department may file as a distributee under the provisions of § 28-41-101 for the sum total of all nursing home payments made by the state on behalf of the intestate decedent when:
(1) The department is informed or has reason to believe that there are no known heirs or legal representatives of the intestate, or that no person will appear within one (1) year after granting letters of administration; or
(2) There has been no pleading filed to dispense with administration under § 28-41-101 to claim the personal estate of the intestate as next of kin.
(c) In the event that the property remaining exceeds the amount of payment made by the department on behalf of the decedent, the excess funds shall escheat to the state under the procedures of this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-13-103
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:28-13-103
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6c23657a3ce647dd360be45d80c52fa6bdebc4db0ab2a4c73a85ec10a76a8e47
Source location: content.xml paragraph 2218
Stored source content
28-13-103. Claims for nursing care of intestate.
(a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amount of nursing care paid for by the department for the intestate.
(b) The department may file as a distributee under the provisions of § 28-41-101 for the sum total of all nursing home payments made by the state on behalf of the intestate decedent when:
(1) The department is informed or has reason to believe that there are no known heirs or legal representatives of the intestate, or that no person will appear within one (1) year after granting letters of administration; or
(2) There has been no pleading filed to dispense with administration under § 28-41-101 to claim the personal estate of the intestate as next of kin.
(c) In the event that the property remaining exceeds the amount of payment made by the department on behalf of the decedent, the excess funds shall escheat to the state under the procedures of this chapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-41-101. Collection of small estates by distributee.
(a) The distributee of an estate may collect and distribute the assets of an estate under this section without the appointment of a personal representative when:
(1) No petition for the appointment of a personal representative is pending or has been granted;
(2) Forty-five (45) days have elapsed since the death of the decedent;
(3)(A) The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000).
(B) When calculating the value of all property owned by the decedent under subdivision (a)(3)(A) of this section, the value of the decedent's homestead and the value of any statutory allowances for the benefit of a spouse or minor children, if any, shall be excluded;
(4) One (1) or more of the distributees files an affidavit with the probate clerk of the circuit court of the county of proper venue for administration stating:
(A) That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations;
(B) An itemized description and valuation of the personal property and a legal description and valuation of any real property of the decedent, including the homestead;
(C) The names and addresses of persons having possession of the personal property and the names and addresses of any persons possessing or residing on any real property of the decedent; and
(D) The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property; and
(5)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-41-101
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 28-41-101. This identifies an authority to review, not proof of applicability.