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28-40-101. Character of proceeding.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-101. Character of proceeding.
(a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction.
(b) The entire proceeding is a proceeding in rem.
(c) No notice shall be jurisdictional except as provided in §§ 28-40-110 and 28-53-103.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-101
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:28-40-101
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 13ec1736c162ac1a721ca5d0d4f0f38ba794899b876816e9a691fff13b9881a9
Source location: content.xml paragraph 3996
Stored source content
28-40-101. Character of proceeding.
(a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction.
(b) The entire proceeding is a proceeding in rem.
(c) No notice shall be jurisdictional except as provided in §§ 28-40-110 and 28-53-103.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-110. Notice of hearing on petitions.
(a) If the petition for probate or for the appointment of a general personal representative is opposed, or if a demand for notice has been filed under the provisions of § 28-40-108, the court shall, and in all other cases the court may, fix a time and place for a hearing on the petition.
(b) Notice of the hearing shall be given by one (1) or more of the methods set out in § 28-1-112 to each heir and devisee whose name and address is given, including notice other than by publication to each person who has filed demand for notice.
(c) If it appears by the petition or otherwise that the fact of the death of the person whose estate is to be administered may be in doubt, or on the written demand of an interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the last known residence address of the alleged decedent.
(d) The notice required by this section shall be in substantially the following form:
In the Circuit Court of County, Arkansas. Estate of , deceased. To all persons interested in the Estate of , (and to the said , if he be not deceased): You are hereby notified that a petition has been filed in this court (to admit to probate the will of , and) for the appointment of a personal representative for said estate; that said petition will be heard at o'clock at on the day of , 20 , or at such subsequent time or other place to which said hearing may be adjourned or transferred. Date . Probate Clerk of the Circuit Court of County, Arkansas
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Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-110
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 28-40-110. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-53-103. Order of final distribution — Notice and hearing.
(a) Upon the filing of a final account of a personal representative praying for an order of final distribution or for approval of final distribution previously made, the court shall fix a date for hearing, not earlier than sixty (60) days after such a filing.
(b) In addition to the notice required by § 28-52-106, the clerk, by one (1) or more of the methods provided by § 28-1-112 as the court may by rule or specific order direct, shall notify all distributees of the estate, the surviving spouse, if any, of the decedent, all unpaid creditors, the surety of the personal representative, and such other persons, if any, as the court may direct, of the filing of the final account and the date set for hearing thereon.
(c) However, the court may order a final distribution or approve a final distribution previously made immediately upon the filing of the final account when it appears to the court that all parties in interest who are of full age and under no disability have waived the notice and hearing and that the guardians of all parties in interest who are minors or under disability of incompetency have waived the notice and hearing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-53-103
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. The source passage cites 28-53-103. This identifies an authority to review, not proof of applicability.