Browse Arkansas Code titles and sections
28-40-120. Probate of will of nonresident.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-120. Probate of will of nonresident.
(a) When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate jurisdiction, an authenticated copy thereof, accompanied by an authenticated copy of the order admitting the will to probate, may be filed for probate in this state.
(b) When so filed, together with a petition for the admission of the will to probate in this state, the court shall:
(1) Presume, in the absence of evidence to the contrary, that the will was duly executed and proved and admitted to probate in the foreign jurisdiction; and
(2) Admit the will to probate if it appears from the copy and order that the will was executed and proved in the manner prescribed by:
(A) The law of the place of its execution;
(B) The law of the testator's domicile at the time of its execution; or
(C) The laws of this state.
(c) Unless the will is executed in accordance with § 28-25-103 or § 28-25-104, the petition for its probate shall state the time and place of its execution and the testator's domicile at the time of its execution and at the time of his or her death.
(d)(1) Venue for the proceeding shall be governed by the provisions of § 28-40-102.
(2) Notice of the probation of the will shall be governed by the provisions of § 28-40-111.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-120
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:28-40-120
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b5954fd69816e922f3770fe777ed1cb2a3916006c9e28a8c77e4fac396abc178
Source location: content.xml paragraph 4521
Stored source content
28-40-120. Probate of will of nonresident.
(a) When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate jurisdiction, an authenticated copy thereof, accompanied by an authenticated copy of the order admitting the will to probate, may be filed for probate in this state.
(b) When so filed, together with a petition for the admission of the will to probate in this state, the court shall:
(1) Presume, in the absence of evidence to the contrary, that the will was duly executed and proved and admitted to probate in the foreign jurisdiction; and
(2) Admit the will to probate if it appears from the copy and order that the will was executed and proved in the manner prescribed by:
(A) The law of the place of its execution;
(B) The law of the testator's domicile at the time of its execution; or
(C) The laws of this state.
(c) Unless the will is executed in accordance with § 28-25-103 or § 28-25-104, the petition for its probate shall state the time and place of its execution and the testator's domicile at the time of its execution and at the time of his or her death.
(d)(1) Venue for the proceeding shall be governed by the provisions of § 28-40-102.
(2) Notice of the probation of the will shall be governed by the provisions of § 28-40-111.
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
28-25-103. Execution generally.
(a) The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses.
(b)(1) The testator shall declare to the attesting witnesses that the instrument is his or her will and either:
(A) Himself or herself sign;
(B) Acknowledge his or her signature already made;
(C) Sign by mark, his or her name being written near it and witnessed by a person who writes his or her own name as witness to the signature; or
(D)(i) At his or her discretion and in his or her presence have someone else sign his or her name for him or her.
(ii) The person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator.
(2) In any of the cases listed in subdivision (b)(1) of this section:
(A) The signature must be at the end of the instrument; and
(B) The act must be done in the presence of two (2) or more attesting witnesses.
(c) The attesting witnesses must sign at the request and in the presence of the testator.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-25-103
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 28-25-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-25-104. Holographic wills generally.
When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding there may be no attesting witnesses to the will.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-25-104
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 28-25-104. This identifies an authority to review, not proof of applicability.
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-111. Notice of appointment of personal representative.
(a)(1)(A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice of his or her appointment to be published stating the date of his or her appointment and requiring all persons having claims against the estate to exhibit them, properly verified to him or her, within six (6) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in the estate.
(B) Claims for injury or death caused by the negligence of the decedent shall also be filed within six (6) months from the date of first publication of the notice, or they shall be forever barred and precluded any benefit in the estate.
(2) The notice shall state the mailing address of the personal representative.
(3) If a will of the decedent has been probated, the notice shall also state the date of admission of the will to probate and that a contest of the order of probate can be effected only by filing a petition within the time provided by law.
(4)(A) Within one (1) month after the first publication of the notice, a copy of the notice shall also be served upon each heir and devisee whose name and address are known and upon all unpaid creditors whose names, status as creditors, and addresses are known to or reasonably ascertainable by the personal representative, including the Department of Human Services if it is known or could reasonably be ascertained that the department has rendered services to the decedent, in accordance with § 28-1-112(b)(1), § 28-1-112(b)(2), or § 28-1-112(b)(3).
(B)(i) Notice to the department shall be served upon the Office of Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-111
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 28-40-111. This identifies an authority to review, not proof of applicability.