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28-53-104. Order of final distribution — Contents.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-53-104. Order of final distribution — Contents.
(a) The order authorizing, directing, or approving a final distribution shall state that:
(1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;
(2) The notice required by § 28-53-103 has been given or has been waived;
(3) The time for filing claims against the estate has expired;
(4) All claims have been paid, or contain a list of unpaid claims;
(5) There are contingent claims which have been allowed and whether the distributees take subject thereto;
(6) All state and federal inheritance and estate taxes have been paid or provided for; and
(7) The distribution authorized or approved is according to law.
(b) If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-53-104
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-53-104
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e61c1eba7102bd2546301dd7acbb36c27472cd3b74488a2653cb20eaaad3155a
Source location: content.xml paragraph 7574
Stored source content
28-53-104. Order of final distribution — Contents.
(a) The order authorizing, directing, or approving a final distribution shall state that:
(1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;
(2) The notice required by § 28-53-103 has been given or has been waived;
(3) The time for filing claims against the estate has expired;
(4) All claims have been paid, or contain a list of unpaid claims;
(5) There are contingent claims which have been allowed and whether the distributees take subject thereto;
(6) All state and federal inheritance and estate taxes have been paid or provided for; and
(7) The distribution authorized or approved is according to law.
(b) If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond.
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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.