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28-40-121. Finality of order — Conclusiveness of finding of death.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-121. Finality of order — Conclusiveness of finding of death.
An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions:
(1) It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore presented to the court;
(2) It may be vacated or modified for good cause as provided in § 28-1-115; and
(3)(A) The finding of the fact of death shall be conclusive as to the alleged decedent only if the notice of the hearing on the petition for probate or for the appointment of a personal representative is sent by registered mail addressed to the alleged decedent at his or her last known residence address and when a search is ordered for the alleged decedent as provided in § 28-40-112, the court finds that the search was made.
(B) If notice is sent and search made, and the alleged decedent is not dead, he or she may nevertheless at any time recover the estate from the personal representative if it is in his or her hands, or he or she may recover the estate or its proceeds from the distributees, if either is in their hands.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-121
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:28-40-121
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cc099ff5ae1be4c4d011a73eab608466ccd1f4e4471e0e2fa3064e367630c063
Source location: content.xml paragraph 4550
Stored source content
28-40-121. Finality of order — Conclusiveness of finding of death.
An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions:
(1) It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore presented to the court;
(2) It may be vacated or modified for good cause as provided in § 28-1-115; and
(3)(A) The finding of the fact of death shall be conclusive as to the alleged decedent only if the notice of the hearing on the petition for probate or for the appointment of a personal representative is sent by registered mail addressed to the alleged decedent at his or her last known residence address and when a search is ordered for the alleged decedent as provided in § 28-40-112, the court finds that the search was made.
(B) If notice is sent and search made, and the alleged decedent is not dead, he or she may nevertheless at any time recover the estate from the personal representative if it is in his or her hands, or he or she may recover the estate or its proceeds from the distributees, if either is in their hands.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-1-115. Vacation and modification of orders.
(a) For good cause and at any time within the period allowed for appeal after the final termination of the administration of the estate of a decedent or ward, the court may vacate or modify an order or grant a rehearing. However, no such power shall exist as to any order from which an appeal has been taken or to set aside the probate of a will after the time allowed for contest thereof.
(b) No vacation or modification under this section shall affect any act previously done or any right previously acquired in reliance on such an order or judgment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-115
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 28-1-115. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-40-112. Search for alleged decedent.
Whenever there is reasonable doubt that the person whose estate is to be administered is dead, the court, upon application of an interested person, may direct the personal representative to make search for the alleged decedent in any manner which the court may deem advisable, including, but not limited to, any or all of the following methods:
(1) By inserting in one (1) or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(2) By notifying officers of justice and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; or
(3) By engaging the services of an investigating agency.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-40-112
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 28-40-112. This identifies an authority to review, not proof of applicability.