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28-39-404. Form of election — Filing.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-39-404. Form of election — Filing.
(a)(1) The election to take against the will shall be:
(A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and
(B) Filed in the office of the probate clerk of the circuit court.
(2) It shall be in substantially the following form:
“I, A. B., surviving wife (or husband) of C. D., deceased, hereby renounce and disclaim any and all benefits under the will of C. D., and elect to take from the estate of C. D. only the property and benefits which (because of this election) will accrue to me under Section 33 of Act No. 140, approved February 23, 1949, as amended. DATED: , 20 . SIGNED: ” (ACKNOWLEDGMENT)
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(b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-39-404
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:28-39-404
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7cebc2999b95de400d6ebd15f489f50278520ab69e694b0d91ab205a05446efb
Source location: content.xml paragraph 3825
Stored source content
28-39-404. Form of election — Filing.
(a)(1) The election to take against the will shall be:
(A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and
(B) Filed in the office of the probate clerk of the circuit court.
(2) It shall be in substantially the following form:
“I, A. B., surviving wife (or husband) of C. D., deceased, hereby renounce and disclaim any and all benefits under the will of C. D., and elect to take from the estate of C. D. only the property and benefits which (because of this election) will accrue to me under Section 33 of Act No. 140, approved February 23, 1949, as amended. DATED: , 20 . SIGNED: ” (ACKNOWLEDGMENT)
Click to view form.
(b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.
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