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Title 28 — Appendix Administrative Order Number 12 — Official Probate Forms

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Title 28 — Appendix Administrative Order Number 12 — Official Probate Forms

Title 28 — Appendix Administrative Order Number 12 — Official Probate Forms The Per Curiam Order of the Supreme Court of Arkansas of October 18, 2018, revised Probate Forms 1–4, 6–9, 12, 13, 15–20, 23, 24, 26–28, and 30–33, to provide for contact information, effective January 1, 2019. PER CURIAM: “The 1998 report of the Arkansas Supreme Court Committee on Civil Practice contained a proposal to revise the Official Probate Forms. The Committee's suggestions were published in our per curiam order of November 5, 1998 so that members of the bench and bar could have an opportunity to comment. We thank those who took the time to review the proposals and submit comments. We hereby adopt, effective immediately, and republish the Official Probate Forms as set out below. These official forms supersede all earlier versions. We again express our gratitude to the members of our Civil Practice Committee. We are adopting the revised Official Probate Forms by way of Administrative Order Number 12; however, we direct that the forms themselves not be published in the Arkansas Court Rules Volume published every year. The forms will be published this one time by this per curiam order and will be permanently memorialized in the Arkansas Reports . We direct that with respect to Administrative Order Number 12 only the following appear in the Arkansas Court Rules Volume : ‘ADMINISTRATIVE ORDER NUMBER 12 OFFICIAL PROBATE FORMS The Court, pursuant to Ark. Code Ann. § 28-1-114 [repealed] and its constitutional and inherent powers to regulate procedure in the courts, has adopted thirty-three probate forms. These official forms supersede all earlier versions. The forms are published in 336 Ark. Appendix (1999).’ [The materials appearing below shall not be published in the Arkansas Court

Source: Arkansas Code — historical release 78 (November 6, 2020)

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Stable record: arkansas_code:legal_authorities:original-appendix-28-14969
Source file: gov.ar.code.title.28.odt
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Title 28 — Appendix Administrative Order Number 12 — Official Probate Forms The Per Curiam Order of the Supreme Court of Arkansas of October 18, 2018, revised Probate Forms 1–4, 6–9, 12, 13, 15–20, 23, 24, 26–28, and 30–33, to provide for contact information, effective January 1, 2019. PER CURIAM: “The 1998 report of the Arkansas Supreme Court Committee on Civil Practice contained a proposal to revise the Official Probate Forms. The Committee's suggestions were published in our per curiam order of November 5, 1998 so that members of the bench and bar could have an opportunity to comment. We thank those who took the time to review the proposals and submit comments. We hereby adopt, effective immediately, and republish the Official Probate Forms as set out below. These official forms supersede all earlier versions. We again express our gratitude to the members of our Civil Practice Committee. We are adopting the revised Official Probate Forms by way of Administrative Order Number 12; however, we direct that the forms themselves not be published in the Arkansas Court Rules Volume published every year. The forms will be published this one time by this per curiam order and will be permanently memorialized in the Arkansas Reports . We direct that with respect to Administrative Order Number 12 only the following appear in the Arkansas Court Rules Volume : ‘ADMINISTRATIVE ORDER NUMBER 12 OFFICIAL PROBATE FORMS The Court, pursuant to Ark. Code Ann. § 28-1-114 [repealed] and its constitutional and inherent powers to regulate procedure in the courts, has adopted thirty-three probate forms. These official forms supersede all earlier versions. The forms are published in 336 Ark. Appendix (1999).’ [The materials appearing below shall not be published in the Arkansas Court Rules.] ADMINISTRATIVE ORDER NUMBER 12 OFFICIAL PROBATE FORMS Section 1. Authority. The Court, pursuant to Ark. Code Ann. § 28-1-114 [repealed] and its constitutional and inherent powers to regulate procedure in the courts, adopts the following probate forms. These official forms supersede all earlier versions. Section 2. Captions and Affidavits. When the word ‘caption’ appears on a form, the following format should be used: In The Circuit Court of County, Arkansas Probate Division In The Matter of the Estate of , Deceased No. -OR- In the Matter of , An Incapacitated Person When the word ‘affidavit’ appears on a form, the following format should be used: STATE OF ARKANSAS COUNTY OF Subscribed and sworn to before me on [date]. [Signature] [Official Title] (Seal) My commission expires: Click to view form. [Caption] DEMAND FOR NOTICE OF PROCEEDINGS FOR PROBATE OF WILL OR APPOINTMENT OF PERSONAL REPRESENTATIVE The undersigned, , respectfully demands notice of any proceeding to probate a will of , deceased, who resided at , Arkansas, or for the appointment of a personal representative to administer [his] [her] estate. My address is . My interest in the estate is that of . My attorney, authorized to represent me in this proceeding, and to accept notice for me, is , whose address is . Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] PETITION FOR APPOINTMENT OF [ADMINISTRATOR] [ADMINISTRATRIX] , whose address is , and whose interest in the decedent's estate is that of , petitions that letters of administration of the estate be issued. The facts known to petitioner are: 1. The decedent, , aged , who resided at in County, Arkansas, died intestate at on or about [date]. 2. The surviving spouse and heirs of the decedent, and their respective ages, relationships to the decedent, and residence addresses, are: Name Age Relationship Residence Address 3. The probable value of the decedent's estate is: Real property $ Personal property $ 4. Petitioner nominates , whose residence address is , for appointment as [administrator] [administratrix] of the estate. The relationship, if any, of the nominee to the decedent, and other facts, if any, which entitle the nominee to appointment are: . THEREFORE, petitioner requests that this court make an order determining the fact of the death and of the intestacy of the decedent, and appointing petitioner's nominee [administrator] [administratrix] of the estate. Date: , . [Signature] [Petitioner] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE , whose address is , and whose interest in the decedent's estate is that of , petitions that a certain written instrument be admitted to probate as the last will of the decedent, and for the appointment of a personal representative. The facts known to petitioner are: 1. The decedent, , aged , who resided at in County, Arkansas, died at on or about [date]. 2. The decedent left as his last will a written instrument dated the day of , , which has been filed in this court. Proof of its execution in the manner required by law has been made or will be made at the time of presentation of this petition. 3. The surviving spouse, heirs, and devisees of the decedent, and their respective ages, relationships to the decedent, and residence addresses, are: Name Age Relationship Residence Address 4. The probable value of the decedent's estate is: Real property $ Personal property $ 5. The will of the decedent nominates as [executor] [executrix]. (Petitioner nominates for appointment as , of to administer the estate.) The relationship, if any, of the nominee to the decedent, and other facts, if any, which entitle the nominee to appointment are: . THEREFORE, petitioner requests that this court make an order determining (1) the fact of the death of the decedent; (2) that the proffered instrument was executed in all respects according to law when the testator was competent to do so and acting without undue influence, fraud or restraint, has not been revoked and is decedent's last will; and (3) appointing the nominee to administer the decedent's estate. Date: , . [Signature] [Petitioner] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] PROOF OF WILL I, , state on oath: I am one of the subscribing witnesses to the attached written instrument, dated the day of , , which purports to be (a codicil to) the last will of , deceased. On the execution date of the instrument the [testator] [testatrix], in my presence, and in the presence of the other attesting witnesses, signed the instrument at the end, or acknowledged [his] [her] signature, declared the instrument to be [his] [her] will, and requested that I attest [his] [her] execution of it. Then, in the presence of the [testator] [testatrix] and the other witnesses, I signed my name as an attesting witness. At the time of execution of the instrument, the [testator] [testatrix] appeared to be eighteen years of age or older, of sound mind, and acting without undue influence, fraud or restraint. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] NOTICE OF HEARING ON PETITION To all persons interested in the estate of , deceased: You are hereby notified that a petition has been filed in this court (to admit to probate the will of , and) for the appointment of a personal representative for this estate; that this petition will be heard at o'clock .m. on [date], at , or at a later time or other place to which the hearing may be adjourned or transferred. Date: , , Clerk. By: , Deputy Clerk. Click to view form. [Caption] BOND OF PERSONAL REPRESENTATIVE The undersigned, , as principal, having been appointed [executor] [executrix] of the will of (or [administrator] [administratrix] of the estate of) , deceased, and , as surety , acknowledge themselves to be jointly and severally obligated to the State of Arkansas, for the use and benefit of all persons interested in the estate, in the penal sum of Dollars ($ ) conditioned as follows: If the undersigned [executor] [executrix] (or [administrator] [administratrix]) shall well and faithfully account for his administration of the estate, as required by law, this bond shall become void. Otherwise, this bond will remain in full force and effect. Date: , . [Signature], as Principal. [Print Name] [Address] [Telephone Number] [Email Address] [Signature], as Surety. [Print Name] [Address] [Telephone Number] [Email Address] Approved this date: , . , Clerk. By: , Deputy Clerk. Approved this date: , . , Judge. Click to view form. [Caption] QUALIFYING AFFIDAVIT OF PERSONAL SURETIES The undersigned, being the sureties on the bond filed in this estate, state on oath that we collectively own property in the State of Arkansas, in excess of our liabilities and subject to execution, of a value equal to the amount of the bond. Date: , . [Signature], as Surety [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] ACCEPTANCE OF APPOINTMENT AS PERSONAL REPRESENTATIVE The undersigned, , having been appointed of the estate of , deceased, accepts the appointment. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] DESIGNATION OF PROCESS AGENT The undersigned, , as of the estate of , appoints the clerk of this court and his successors in office, (or , whose residence address is ,) as agent in behalf of the undersigned, to accept service of process and notice in all actions and proceedings with respect to the estate. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] LETTERS OF ADMINISTRATION , whose address is , having been appointed and qualified as [administrator] [administratrix] of the estate of , deceased, who died on or about [date], is hereby authorized to act as [administrator] [administratrix] for and in behalf of the estate and to take possession of the estate's property as authorized by law. Issued this date: , . , Clerk. By: , Deputy Clerk. (Seal) Click to view form. [Caption] LETTERS TESTAMENTARY , whose address is , having been appointed and qualified as [executor] [executrix] of the will of , deceased, who died on or about [date], is hereby authorized to act as [executor] [executrix] for and in behalf of the estate and to take possession of the estate's property as authorized by law. Issued this date: , . , Clerk. By: , Deputy Clerk. (Seal) Click to view form. [Caption] NOTICE OF APPOINTMENT AS [ADMINISTRATOR] [ADMINISTRATRIX] Last known address: Date of Death: , The undersigned was appointed [administrator] [administratrix] of the estate of , deceased, on [date]. All persons having claims against the estate must exhibit them, duly verified, to the undersigned within three (3) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. However, claims for injury or death caused by the negligence of the decedent shall be filed within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published on [date]. Date: , . [Signature] [Administrator] [Administratrix] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] NOTICE OF APPOINTMENT AS [EXECUTOR] [EXECUTRIX] (OR [ADMINISTRATOR] [ADMINISTRATRIX] WITH WILL ANNEXED) Last known address: Date of Death: , An instrument dated , was admitted to probate on [date] as the last will of , deceased, and the undersigned has been appointed [executor] [executrix] (or [administrator] [administratrix]) thereunder. Contest of the probate of the will can be effected only by filing a petition within the time provided by law. All persons having claims against the estate must exhibit them, duly verified, to the undersigned within three (3) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. However, claims for injury or death caused by the negligence of the decedent shall be filed within six (6) months from the date of the first publication of this notice, or they shall be forever barred and precluded from any benefit in the estate. This notice first published on [date]. Date: , . [Signature] [Executor] [Executrix] [Administrator] [Administratrix] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] NOTICE TO SURVIVING SPOUSE The will of the , deceased, dated , , was admitted to probate by this court on [date]. Any right which you may have to take against the will must be exercised by written election filed in this court within one month after the expiration of the time limited for the filing of claims against the estate; except, however, that in the particular circumstances set forth in Ark. Code Ann. § 28-39-403, you may be entitled to make such election at a later date. Dated: , . , Clerk. By: , Deputy Clerk. (Seal) Click to view form. [Caption] REQUEST FOR SPECIAL NOTICE OF HEARING The undersigned, , respectfully requests written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court, or by an order in this case. My address is . My interest in the estate is that of . My attorney, authorized to represent me in this proceeding, and to accept notice for me, is , whose address is . Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] PROOF OF SERVICE 1. (To be used if acknowledged by personal representative or his attorney) The undersigned acknowledges receipt of this notice on [date]. [Personal Representative] By: [Attorney] (To be used when not so acknowledged) The undersigned duly served this notice on , the personal representative of this estate, on [date] in the following manner: [Insert the method of service as specified in Ark. Code Ann. § 28-1-112.] [Affidavit] Click to view form. [Caption] PETITION FOR AWARD OF STATUTORY ALLOWANCES The decedent, , is survived by the persons named below who constitute the surviving spouse, if any, and all of the decedent's minor children, if any. Name of surviving spouse: . Children: Name of Child Sex Age Name of Guardian The surviving spouse, who was living with the decedent at the time of the decedent's death, is entitled to the award of the following items of household furniture, furnishings, appliances, implements and equipment which are reasonably necessary for the use and occupancy of the family dwelling by the surviving spouse and minor children, if any: HOUSEHOLD FURNITURE AND EQUIPMENT [Itemizing is required only to the extent necessary to distinguish the selected items from other household furniture and equipment, if any, of the decedent's estate.] Among the items of personal property of the estate of the decedent are those described below, which the undersigned surviving spouse of the decedent (or the undersigned guardian of the decedent's minor children) has selected to be assigned to and vested in the surviving spouse and minor children of the decedent as provided by law. Each item of property has the value stated opposite its description. ITEMIZED DESCRIPTION OF PROPERTY Description Value $ $ $ The surviving spouse and minor children of the decedent are entitled to be awarded sustenance for a period of two months after the death of the decedent as follows: THEREFORE, petitioner requests that this court enter an order assigning to and vesting in the surviving spouse and minor children of the decedent the personal property described above, to which they are respectively entitled under the provisions of Ark. Code Ann. §§ 28-39-101 through 28-39-104. Date: , . [Capacity of Petitioner] [Signature] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] INVENTORY OF DECEDENT'S ESTATE The undersigned, of the estate of , deceased, states on oath that to the best of my knowledge and belief, the following is a complete and accurate inventory of all property owned by the decedent, and its fair market value, at the time of the decedent's death. REAL ESTATE Legal Description Encumbrances, Liens, etc., and Net Value Respective Amounts Thereof Homestead: $ Other real estate: $ Total Value of Real Estate: $ PERSONAL PROPERTY Household Goods and Personal Effects [This list should include, but not be limited to, furniture, household and yard equipment, clothing, jewelry, etc.] Description Encumbrances, Liens, etc., and Net Value Respective Amounts Thereof $ $ Other Tangible Personal Property [This list should include, but not be limited to, automobiles and other motor vehicles, farm equipment, livestock, agricultural products, stocks of merchandise, any going business enterprise or interest therein, etc.] Description Encumbrances, Liens, etc., and Net Value Respective Amounts Thereof $ $ Intangible Personal Property [List separately in detail: cash on hand; money on deposit, stating names and addresses of depositories; bonds, stating names of issuers, interest rates, classes, maturity dates, serial numbers, face amounts, and dates to which interest is paid; corporate stocks, stating certificate numbers, names of issuers, classes, and number of shares; notes receivable, stating the names and addresses of makers, dates, amounts, interest rates, and dates to which interest paid, balances due, maturities, and security, if any; accounts receivable, stating names of debtors, dates of last items and balances due; and other intangibles, describing in detail.] Description Encumbrances, Liens, etc., and Net Value Respective Amounts Thereof $ $ Total Value of Personal Property: $ SUMMARY Total real property: $ Total personal property: $ Total estate: $ The undersigned was not indebted or obligated to the decedent at the time of the decedent's death except as stated herein. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] AFFIDAVIT TO CLAIM AGAINST ESTATE I, , do swear that the attached claim against the estate of , deceased, is correct, that nothing has been paid or delivered toward the satisfaction of the claim except as noted, that there are no offsets to this claim, to the knowledge of this affiant, except as therein stated, and that the sum of Dollars ($ ) is now justly due (or will or may become due as stated). I further state that if this claim is based upon a written instrument, a true and complete copy, including all endorsements, is attached. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] APPRAISAL The undersigned, , and , having been appointed to appraise the property described below, represented to us by as to be property of the captioned estate, do appraise the value of each item as: REAL ESTATE Legal Description of Property and Interest Therein Owned by the Estate Value $ $ Total Value: $ Each of the undersigned states on oath that [he] [she] is not interested in the estate, the property appraised, or the sale of any of this property; that [he] [she] believes [himself] [herself] to be well informed concerning the value of the property appraised; and that the foregoing appraisal is on the basis of the full and fair value of the property. Date: , . [Signature] [Appraiser] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] ACCOUNTING BY PERSONAL REPRESENTATIVE respectfully submits to the court [his] [her] account as of this estate for the period beginning on [date] and ending on [date]. This account is submitted because [insert the occasion for filing of account as set forth in Ark. Code Ann. § 28-52-103(a)]. 1. Charges to accountant: [If this is the first account, the first item should be the value of the estate as reflected by the inventory. If a subsequent account, the first item should be the balance shown by the previous account. Thereafter list separately, described in detail: (a) additional property received by accountant; (b) all income; and (c) gains from the sale, conveyance or other disposition of any property received by the accountant during the accounting period. Show the date of each transaction.] Total Charges to Accountant: $ 2. Credits, other than payments to distributees, to which accountant is entitled: [List separately (a) all disbursements, other than payments to distributees, and (b) all losses sustained on sales, conveyances or other dispositions of any property, describing each item in full. Show the date of each transaction.] Total: $ 3. Credits for money paid or assets delivered to distributees: [Itemize each disbursement of cash and describe in detail other assets delivered, showing opposite each asset the amount at which its value was estimated in the inventory or, if purchased by the accountant, its cost. Show the date of each transaction.] Total: $ SUMMARY OF ACCOUNT Charges to accountant: $ Credits as per paragraph 2: $ Credits as per paragraph 3: $ Total Credits: $ Balance remaining in hands of accountant: $ 4. Description of balance remaining in hands of accountant: [List separately and describe in detail each item of property remaining in the accountant's hands, showing the inventory value or cost of each.] 5. Changes in form of assets not affecting balance: [List separately and describe in detail all changes in the form of assets resulting from collections or sales at inventory or cost value and other such transactions. Show the date of each transaction.] 6. All outstanding liabilities of the estate of which accountant has knowledge are: Total Liabilities: $ Vouchers evidencing cash disbursements and receipts evidencing other assets delivered for which accountant has taken credit are attached to this account. THEREFORE, having fully accounted for the administration of this estate for the period set out above, accountant requests that, after proper advertisement and notice, if any, required by law or by the court, this account be examined, approved, and confirmed by the court, and that accountant be allowed the sum of $ as [his] [her] fee for services rendered during the period covered by this account. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] NOTICE OF FILING OF ACCOUNTS Pursuant to Ark. Code Ann. § 28-52-106, notice is given that accounts of the administration of the estates listed below have been filed on the dates shown by the named personal representatives. All interested persons are called on to file objections to such accounts on or before the sixtieth day following the filing of the respective accounts, failing which they will be barred forever from excepting to the account. Name of Estate Name and Address of Personal Representative Nature of Account Date Filed Date: , . , Clerk. By: , Deputy Clerk. (Seal) Click to view form. [Caption] CITATION FOR FAILURE TO PRESENT ACCOUNT To , the personal representative of this estate: Being delinquent in the filing of your account of your administration of this estate, you are required to file that account within thirty (30) days after the date of service of this citation and to show cause why an attachment should not be issued against you for your failure to present your account according to law. Date: , . , Clerk. By: , Deputy Clerk. (Seal) Click to view form. [Caption] AFFIDAVIT FOR COLLECTION OF SMALL ESTATE BY DISTRIBUTEE , and , for the purpose of dispensing with administration of this estate, deceased, state on oath: 1. The decedent , aged , who resided at in County, Arkansas, died at on or about [date]. No petition for the appointment of a personal representative for the decedent's estate is pending or has been granted. 2. More than forty-five (45) days have elapsed since decedent's death. 3. The value, less encumbrances, of all property owned by the decedent at the time of death, excluding the homestead of and statutory allowances for the benefit of the surviving spouse or minor children, if any, of the decedent, does not exceed one hundred thousand dollars ($100,000). 4. There are no unpaid claims or demands against the decedent or the decedent's estate, and the Department of Human Services furnished no federal or state benefits to the decedent (or, that if such benefits have been furnished, the Department of Human Services has been reimbursed in accordance with state and federal laws and regulations). 5. An itemized description and valuation of the decedent's personal property; a legal description and valuation of the decedent's real property, including homestead, if any; and the names and addresses of persons having possession thereof or residing on any of the decedent's real property, are: Description of Property, and Extent and Details of Encumbrances, if Any Valuation Less Encumbrances In Possession of 6. The names, ages, relationships to the decedent and residence addresses of the persons entitled to receive the property of the decedent as surviving spouse, heirs or devisees of decedent's will are: Name Age Relationship Residence Address THEREFORE, the distributee[s] of this estate shall be entitled to distribution of the property identified above, without the necessity of an order of the court or other proceeding, upon furnishing a copy of this Affidavit, certified by the clerk, to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right of the decedent. Date: , . [Signature] [Affiant] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] CERTIFICATE OF CLERK The undersigned Clerk of the Probate Court of County, Arkansas, certifies that this is a true copy of an affidavit filed in this court on [date], that the affidavit remains on file and that no petition for the appointment of a personal representative of this estate has been filed in this court. Date: , . , Clerk. By: , Deputy Clerk. (Seal) Click to view form. [Caption] PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE The petitioner respectfully represents to this court that a guardian of the person and of the estate should be appointed for the incapacitated person whose name, date of birth, sex, and address are: Name Date of Birth Sex Residence Address The nature of the incapacity and purpose of the guardianship sought for the incapacitated person are: [Insert the nature of incapacity and purpose of guardianship, in accordance with the definitions and classifications set forth in Ark. Code Ann. §§ 28-65-101 & 28-65-104.] The nature, extent and value of the property of the incapacitated person and the interest of the incapacitated person in that property, are: [Include approximate value and description of property, including any compensation, pension, insurance or allowance to which the incapacitated person may be entitled]. There is no guardian of the person or estate of the incapacitated person, except as follows: [State whether a guardian has been appointed in any state for the estate or person of the incapacitated person and if not, write “none.”] , whose address is , is related to or interested in the incapacitated person by reason of and is legally qualified to serve as guardian of the person and estate of the incapacitated person. [He] [She] is at present serving as guardian of the persons or estates of the incapacitated persons whose names and addresses are as follows: [List the names and addresses of any wards for whom the person whose appointment is sought is already guardian.] Insofar as the petitioner has been able to ascertain, the persons most closely related, by blood or marriage, to the incapacitated person are: Name Relationship Residence Address The nature of the proposed ward's alleged disability is: [Set forth a statement of the alleged disability as defined by Ark. Code Ann. §§ 28-65-101(1) & 28-65-104.] Petitioner recommends the following type of guardianship, having the scope and duration indicated: [Include a recommendation proposing the type, scope and duration of guardianship.] The following facility or agency from which the proposed ward is receiving services has been notified of the proceedings: [Include a statement that any facility or agency from which the respondent is receiving services has been notified of the proceedings.] The names and addresses of others having knowledge of the proposed ward's disability are: Name Residence Address Date: , . [Signature] [Petitioner] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] NOTICE OF HEARING FOR APPOINTMENT To: You are hereby notified that a petition has been filed in this court for the appointment of a guardian of the [person] [estate] [person and estate] of , an incapacitated person, and that the petition will be heard at o'clock .m., on [date] at the County Courthouse, or at a later time or other place to which the hearing may be adjourned or transferred. Date: , . , Clerk. By: , Deputy Clerk. Click to view form. [Caption] APPLICATION FOR WRITTEN NOTICE To: The undersigned, , in accordance with Ark. Code Ann. § 28-65-209, requests written notice of all hearings on petitions for settlement of accounts, for the sale, mortgage, lease, or exchange of any property of this guardianship estate, for an allowance of any nature payable from the ward's estate, for the investment of funds of the estate, for the removal, suspension, or discharge of the guardian, or for final termination of the guardianship, and any other matter affecting the welfare or care of the incapacitated person or [his] [her] property. The requested notice should be sent to the undersigned at the following address: Date: , . [Signature] [Applicant or Attorney] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] GUARDIAN'S BOND The undersigned, , as principal, having been appointed guardian of the [person] [estate] [person and estate] of , an incapacitated person; and , as surety , acknowledge themselves to be jointly and severally obligated to the State of Arkansas, for the use and benefit of all persons interested, in the penal sum of Dollars ($ ), conditioned as follows: If the undersigned guardian shall well and faithfully account for his guardianship, as by law required, this bond shall become void; otherwise, it will remain in full force and effect. Date: , . [Signature], as Principal [Print Name] [Address] [Telephone Number] [Email Address] [Signature], as Surety [Print Name] [Address] [Telephone Number] [Email Address] Approved this date: , . , Clerk. By: , Deputy Clerk. Approved this date: , . , Judge. Click to view form. [Caption] ACCEPTANCE OF APPOINTMENT AS GUARDIAN The undersigned, , having been appointed guardian of the [person] [estate] [person and estate] of , an incapacitated person, hereby accepts the appointment. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] LETTERS OF GUARDIANSHIP OF THE PERSON AND ESTATE Be It Known: , whose address is , having been appointed guardian of the person and estate of , an incapacitated person, and having qualified as guardian, is hereby authorized to have the care and custody of and exercise control over the incapacitated person and to take possession of and administer the property of the incapacitated person, as authorized by law. Date: , . , Clerk. , Deputy Clerk. (Seal) Click to view form. [Caption] INVENTORY OF WARD'S ESTATE The undersigned, guardian of the estate of __________________, an incapacitated person, states on oath that to the best of my knowledge and belief, the following is a complete and accurate inventory of all property owned by the ward at the time of my appointment as such guardian, and that the amount set opposite each item of property is its fair market value at the time it came under my control as guardian: REAL ESTATE Legal Description and Extent of Ward's Interest Encumbrances, Liens, Etc., and Net Value Respective Amounts Thereof $ $ Total value of real estate: $ PERSONAL PROPERTY Household Goods and Personal Effects [This list should include, but not be limited to, furniture, household and yard equipment, clothing, jewelry, etc.] Description Encumbrances, Liens, etc., and Net Value Respective Amounts Thereof $ $ Other Tangible Personal Property [This list should include, but not be limited to, automobiles and other motor vehicles, farm equipment, livestock, agricultural products, stocks of merchandise, any going business enterprise or interest therein, etc.] Description Encumbrances, Liens, etc., and Net Value Respective Amounts Thereof $ $ Intangible Personal Property [List separately in detail: cash on hand; money on deposit, stating names and addresses of depositories; bonds, stating names of issuers, interest rates, classes, maturity dates, serial numbers, face amounts, and dates to which interest is paid; corporate stocks, stating certificate numbers, names of issuers, classes, and number of shares; notes receivable, stating the names and addresses of makers, dates, amounts, interest rates, and dates to which interest paid, balances due, maturities, and security, if any; accounts receivable, stating names of debtors, dates of last items and balances due; and other intangibles, describing in detail.] Description Encumbrances, Liens, etc., and Net Value Respective Amounts Thereof $ $ Total value of personal property: $ SUMMARY Total real property: $ Total personal property: $ Total estate: $ The undersigned is not indebted or obligated to the ward except as stated herein. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] ACCOUNTING BY GUARDIAN respectfully submits to the court [his] [her] account as guardian of the estate of for the period beginning on [date] and ending on [date]. This account is submitted because [insert the occasion for filing of account as set forth in Ark. Code Ann. § 28-65-320]. 1. Charges to accountant: [If this is the first account, the first item should be the value of the estate as reflected by the inventory. If a subsequent account, the first item should be the balance shown on the previous account. Thereafter list separately and describe in detail (a) additional property received by accountant; (b) all income; and (c) gains from the sale, conveyance or other disposition of any property received by the accountant during the accounting period. Show the date of each transaction.] Total charges to accountant: $ 2. Credits, other than payments to distributees, to which accountant is entitled: [List separately (a) all disbursements, other than payments to distributees, and (b) all losses sustained on sales, conveyances or other dispositions of any property, describing each item in full. Show the date of each transaction.] Total: $ 3. Credits for money paid or assets delivered to distributees: [Itemize each disbursement of cash and describe in detail other assets delivered, showing opposite each asset the amount at which its value was estimated in the inventory or, if purchased by the accountant, its cost. Show the date of each transaction.] Total: $ SUMMARY OF ACCOUNT Charges to accountant: $ Credits as per paragraph 2: $ Credits as per paragraph 3: $ Total Credits: $ Balance remaining in hands of accountant: $ 4. Description of balance remaining in hands of accountant: [List separately and describe in detail each item of property remaining in the accountant's hands, showing the inventory value or cost of each.] 5. Changes in form of assets not affecting balance: [List separately and describe in detail all changes in the form of assets resulting from collections or sales at inventory or cost value and other such transactions. Show the date of each transaction.] 6. All outstanding liabilities of the estate of which accountant has knowledge are: Total Liabilities: $ Vouchers evidencing cash disbursements and receipts evidencing other assets delivered for which accountant has taken credit are attached to this account. THEREFORE, having fully accounted for the administration of this estate for the period set out above, accountant requests that, after proper advertisement and notice, if any, required by the law or by the court, this account be examined, approved, and confirmed by the court, and that accountant be allowed the sum of $ as [his] [her] fee for services rendered during the period covered by this account. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] [Affidavit] Click to view form. [Caption] ANNUAL REPORT OF GUARDIAN , the duly appointed, qualified, and acting guardian of , an incapacitated person, submits this annual report to the court in accordance with Ark. Code Ann. § 28-65-322. The current mental, physical, and social condition of the incapacitated person is: [Provide a summary.] The present living arrangements of the incapacitated person are: [Describe those arrangements.] The need for continued guardianship services is: [State whether there is a need for such services.] Submitted with this annual report is the petitioner's accounting of the guardianship estate for the period beginning on [date] and ending on [date]. Date: , . [Signature] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form. [Caption] AGREEMENT OF DEPOSITORY The undersigned, being [a bank in Arkansas insured by the Federal Deposit Insurance Corporation] [a savings and loan association in Arkansas insured by the Federal Savings & Loan Association Corporation] [a credit union in Arkansas insured by the National Credit Union Administration], received on deposit from , as guardian of the estate of , an incapacitated person, the sum of Dollars ($ ) in cash on [date] and agrees not to permit any withdrawal from these funds unless authorized by order of this court. Date: , . [Signature] [Authorized Officer or Agent of Depository] [Print Name] [Address] [Telephone Number] [Email Address] Click to view form.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-1-112. Notice — Service — Proof — Costs.

28-1-112. Notice — Service — Proof — Costs. (a) When Notice to Be Given. Notice to interested persons need be given only when and as specifically provided for in the Probate Code or as ordered by the court. When no notice is required by the Probate Code, the court, by rule or by order in a particular case, may require such notice as it deems desirable. (b) Kinds of Notice Required. Unless waived and except as otherwise provided by law, and subject to rule of the court or order of the court in a particular case specifying which of the following types of service shall be employed, notices required by the Probate Code may be served either: (1) By delivering a copy personally to a person, if a natural person, and, if a corporation or a partnership, by delivering a copy to an individual upon whom civil process may be legally served in behalf of the corporation or partnership at least ten (10) days prior to the date set for the hearing; (2) By leaving a copy at the usual place of abode of the person being served with some person over fifteen (15) years of age who is a member of his or her family, the notice to be served by an officer authorized to serve process in civil actions at least ten (10) days prior to the date set for the hearing; (3) By registered mail, requesting a return receipt signed by addressee only, addressed to the person to be served located in the United States at his or her address stated in the petition for the hearing, to be posted by depositing in any United States Post Office in this state at least fifteen (15) days prior to the date set for the hearing; (4)(A) By publishing one (1) time a week for two (2) consecutive weeks in a newspaper published and having a general circulation in the county, with the first day of publication to be at

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-112

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 28-1-112. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-1-114. [Repealed.]

28-1-114. [Repealed.]

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-1-114

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 28-1-114. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-39-101. Allowances to surviving spouse and minor children.

28-39-101. Allowances to surviving spouse and minor children. (a)(1) In addition to their homestead, dower, and curtesy rights, the surviving spouse and minor children of a decedent, or either in the absence of the other, shall be entitled to have assigned to them out of the property owned by the decedent at the time of his or her death, personal property, tangible or intangible, to be selected prior to the sale thereof by the personal representative or after sale out of the proceeds thereof by the surviving spouse, if there is a surviving spouse or, otherwise, by the guardian of the minor children, when the personal property is of the value of four thousand dollars ($4,000) as against distributees or the value of two thousand dollars ($2,000) as against creditors. (2) The right to such an allowance shall vest in the surviving spouse upon the death of his or her spouse, shall not terminate with his or her subsequent death or remarriage, and shall become his or her absolute property or the property of his or her estate upon death without restriction as to use, encumbrance, or disposition. (3) If any of the minor children are not children of the surviving spouse, the allowance shall vest in the surviving spouse to the extent of one-half (½) thereof, and the remainder shall vest in the decedent's minor children in equal shares. (b) Such furniture, furnishings, appliances, implements, and equipment as shall be reasonably necessary for the family use and occupancy of his or her dwelling shall be assigned to and vested in the surviving spouse, if any, provided he or she was living with the decedent at the time of his or her death. (c) During a period of two (2) months after the death of the decedent, the surviving spouse and minor children, or either in the absence

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-39-101

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 28-39-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-39-104. Allowance paid surviving spouse out of rent until apportionment of curtesy or dower.

28-39-104. Allowance paid surviving spouse out of rent until apportionment of curtesy or dower. Until curtesy or dower is apportioned, the court shall order such sums to be paid to the surviving spouse out of the rent of the real estate as shall be in proportion to his or her interest in the real estate.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-39-104

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 28-39-104. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-39-403. Spouse's time limitation for filing election.

28-39-403. Spouse's time limitation for filing election. (a) The election by a surviving spouse to take against the will may be made at any time within one (1) month after the expiration of the time limited for the filing of claims. (b) However, if, at the expiration of the period for making the election, litigation is pending to test the validity or to determine the effect or construction of the will or to determine the existence of issue surviving the deceased or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of one (1) month after the date of the final order of the circuit court adjudicating the issue in litigation.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-39-403

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 28-39-403. This identifies an authority to review, not proof of applicability.