Browse Arkansas Code titles and sections
28-53-118. Discharge of personal representative.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-53-118. Discharge of personal representative.
(a)(1) Upon the filing of evidence satisfactory to the court that distribution has been made as directed in the order of final distribution, the court shall enter an order discharging the personal representative and his or her surety from further liability or accountability with respect to the administration.
(2) Evidence satisfactory to the court may consist of:
(A) Receipts, unless other written evidence of distribution exists, such as cancelled checks; or
(B) In the case of property under title, a copy of the document transferring title to the distributee.
(b) The order, or an order of discharge entered under § 28-53-104, shall be final, except that upon a petition's being filed within three (3) years of the entry thereof, the order may be set aside for fraud in the settlement of the account of the personal representative.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-53-118
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:28-53-118
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 11894fa1791cf0348e7ead4adb8e863cf2079dc59b75c7897eb5d7d22ae87728
Source location: content.xml paragraph 7796
Stored source content
28-53-118. Discharge of personal representative.
(a)(1) Upon the filing of evidence satisfactory to the court that distribution has been made as directed in the order of final distribution, the court shall enter an order discharging the personal representative and his or her surety from further liability or accountability with respect to the administration.
(2) Evidence satisfactory to the court may consist of:
(A) Receipts, unless other written evidence of distribution exists, such as cancelled checks; or
(B) In the case of property under title, a copy of the document transferring title to the distributee.
(b) The order, or an order of discharge entered under § 28-53-104, shall be final, except that upon a petition's being filed within three (3) years of the entry thereof, the order may be set aside for fraud in the settlement of the account of the personal representative.
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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. The source passage cites 28-53-104. This identifies an authority to review, not proof of applicability.