Browse Arkansas Code titles and sections
28-40-107. Petition for probate and appointment of personal representative.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-107. Petition for probate and appointment of personal representative.
(a) An interested person may petition the court of the proper county:
(1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state;
(2) For the appointment of executor if one is nominated in the will;
(3) For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will.
(b) A petition for probate may be combined with a petition for the appointment of an executor or administrator. A person interested in either the probate of the will or the appointment of a personal representative may petition for both.
(c) A petition for probate of a will or for the original appointment of a general personal representative, or for both, shall state:
(1) The name, age, residence, and date and place of death of the decedent;
(2) The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained;
(3) The probable value, stated separately, of the real and of the personal property;
(4) If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof;
(5) If the venue is based upon § 28-40-102(a)(4), the facts establishing the venue;
(6) If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as kn
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-107
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:28-40-107
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 311d5b2ff9f8e51e1e32e10af883cf26332b7009d9fb42517a4aefcea5d84b04
Source location: content.xml paragraph 4161
Stored source content
28-40-107. Petition for probate and appointment of personal representative.
(a) An interested person may petition the court of the proper county:
(1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state;
(2) For the appointment of executor if one is nominated in the will;
(3) For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will.
(b) A petition for probate may be combined with a petition for the appointment of an executor or administrator. A person interested in either the probate of the will or the appointment of a personal representative may petition for both.
(c) A petition for probate of a will or for the original appointment of a general personal representative, or for both, shall state:
(1) The name, age, residence, and date and place of death of the decedent;
(2) The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained;
(3) The probable value, stated separately, of the real and of the personal property;
(4) If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof;
(5) If the venue is based upon § 28-40-102(a)(4), the facts establishing the venue;
(6) If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as known;
(7) The names and residence addresses of the persons, if any, nominated as executors; and
(8) If the appointment of a personal representative is sought, the name and residence address of the person for whom letters are prayed, his or her relationship to the decedent, or other facts, if any, which entitle the person to appointment.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-102. Venue.
(a) The venue for the probate of a will and for administration shall be:
(1) In the county in this state where the decedent resided at the time of his or her death;
(2) If the decedent did not reside in this state, then in the county wherein is situated the greater part, in value, of the property of the decedent located in this state;
(3) If the decedent had no residence or property in this state, but died in this state, then in the county in which he or she died; and
(4) If the decedent had no residence or property in this state and died outside of this state, then in any county in which a cause of action may be maintained by his or her personal representative.
(b) The proceedings shall be deemed commenced by the filing of a petition, the issuance of letters, and the qualification of a personal representative. The proceeding first legally commenced is extended to all of the property in this state.
(c)(1) If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of venue by the circuit court of the county where first commenced.
(2) If the proper venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county.
(d)(1) If it appears to the court at any time before the order of final distribution that the proceeding was commenced in the wrong county or that it would be for the best interest of the estate, then the court, in its discretion, may order the proceeding with all papers, files, and a certified copy of all orders therein transferred to another circuit court, which need not be a court of proper venue under other provisions of this secti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-102
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 28-40-102. This identifies an authority to review, not proof of applicability.