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28-53-115. Partition.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-53-115. Partition.
(a) When two (2) or more distributees are entitled to distribution of undivided interests in any personal property of the estate, distribution shall be made of undivided interests therein unless the personal representative or one (1) or more of the distributees shall petition the court, not later than the hearing on the petition for final distribution, to make partition thereof.
(b) If the petition is filed, the court, after notice to persons interested in the property involved, shall proceed to make partition, allot, and divide the property, or order the sale of the property for partition.
(c) In case equal partition cannot be had between the parties without prejudice to the rights or interests of some, partition may be made in unequal shares and by awarding judgment for compensation to be paid by one (1) or more parties to one (1) or more of the others.
(d) Any two (2) or more parties may agree to accept undivided interests.
(e) Any sale under this section shall be conducted and confirmed in the same manner as other probate sales.
(f) Expenses incident to the partition, including reasonable compensation to commissioners for their services, shall be equitably apportioned by the court among the parties. The amount charged to each party shall constitute a lien on the property allotted to him or her.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-53-115
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-53-115
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6614af4a0dbf925cc63601f5b8dcacd5b503002fc324873023d250c509497202
Source location: content.xml paragraph 7758
Stored source content
28-53-115. Partition.
(a) When two (2) or more distributees are entitled to distribution of undivided interests in any personal property of the estate, distribution shall be made of undivided interests therein unless the personal representative or one (1) or more of the distributees shall petition the court, not later than the hearing on the petition for final distribution, to make partition thereof.
(b) If the petition is filed, the court, after notice to persons interested in the property involved, shall proceed to make partition, allot, and divide the property, or order the sale of the property for partition.
(c) In case equal partition cannot be had between the parties without prejudice to the rights or interests of some, partition may be made in unequal shares and by awarding judgment for compensation to be paid by one (1) or more parties to one (1) or more of the others.
(d) Any two (2) or more parties may agree to accept undivided interests.
(e) Any sale under this section shall be conducted and confirmed in the same manner as other probate sales.
(f) Expenses incident to the partition, including reasonable compensation to commissioners for their services, shall be equitably apportioned by the court among the parties. The amount charged to each party shall constitute a lien on the property allotted to him or her.
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