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28-51-306. Execution of conveyance — Recordation.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-51-306. Execution of conveyance — Recordation.
(a) Upon the confirmation of any sale, mortgage, or lease in accordance with § 28-51-305, the personal representative shall execute, acknowledge, and deliver a conveyance to the grantee or mortgagee or join the lessee in the execution of a lease according to the order of confirmation.
(b) A certified copy of the order may be recorded with the deed or other instrument in the office of the recorder of the county where the land lies and shall be prima facie evidence of the:
(1) Due appointment and qualification of the personal representative;
(2) Correctness of the proceedings; and
(3) Authority of the personal representative to execute the instrument.
(c) The foregoing provision shall in no way limit the effect of the provisions of § 28-51-109.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-51-306
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:28-51-306
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f72abe6185b7c620e3efb387dd47652c7aa5824caf13cfba21f9c1d0cee36230
Source location: content.xml paragraph 7117
Stored source content
28-51-306. Execution of conveyance — Recordation.
(a) Upon the confirmation of any sale, mortgage, or lease in accordance with § 28-51-305, the personal representative shall execute, acknowledge, and deliver a conveyance to the grantee or mortgagee or join the lessee in the execution of a lease according to the order of confirmation.
(b) A certified copy of the order may be recorded with the deed or other instrument in the office of the recorder of the county where the land lies and shall be prima facie evidence of the:
(1) Due appointment and qualification of the personal representative;
(2) Correctness of the proceedings; and
(3) Authority of the personal representative to execute the instrument.
(c) The foregoing provision shall in no way limit the effect of the provisions of § 28-51-109.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-51-109. Validity of proceedings — Appeals.
(a)(1) The findings of fact and conclusions of law essential to the validity of a sale, mortgage, lease, exchange, or conveyance of property of an estate by a personal representative, as contained in an order authorizing the sale or other disposition, or in an order confirming the sale or other disposition of property, shall not be subject to collateral attack.
(2) However, on appeal from an order of confirmation, the party appealing may have appellate review not only of the order of confirmation, but also the original order authorizing the sale, mortgage, lease, exchange, or conveyance, although the time as otherwise provided for appeal from the order has elapsed.
(b) Sales or conveyances of property by a personal representative by proceedings not in substantial compliance with the provisions of the Probate Code shall be void.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-51-109
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 28-51-109. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-51-305. Report and confirmation.
(a) Within ten (10) days after making any sale, mortgage, or lease of real property, the personal representative shall make a verified report to the court of his or her proceeding, with proof of publication or posting in case the sale is made at public auction. The report shall state that the personal representative did not directly or indirectly acquire any beneficial interest in the real property, or the lease thereof, or, if he or she acquired any such interest, specific facts showing that it was acquired in conformity with the provisions of the Probate Code.
(b) An interested person may file written objections to the confirmation.
(c)(1)(A) The court shall examine the report and, if satisfied that the sale, mortgage, or lease has been at a price and on terms advantageous to the estate and in all respects made in conformity with law, shall confirm the sale, mortgage, or lease and order the personal representative to execute and deliver to the person entitled a deed, mortgage, lease, or other appropriate instrument.
(B) However, no report shall be confirmed within five (5) days after the filing unless all persons interested in the estate, either in person or by attorney or guardian, shall consent in writing to the confirmation.
(2) The instrument shall refer to the order of sale, mortgage, or lease by its date and the court by which it was made, shall transfer to the grantee, mortgagee, or lessee all the right, title, and interest of the decedent granted by the instrument, and shall discharge from liability for all debts and obligations incident to the administration of the estate, except encumbrances assumed.
(d) If satisfied that the sale, mortgage, or lease is not advantageous to the estate or has not been made in con
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-51-305
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 28-51-305. This identifies an authority to review, not proof of applicability.