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§ 28-39-201. Rights of surviving spouse and children

(a) If the owner of a homestead dies leaving a surviving spouse, but no children, and the surviving spouse has no separate homestead in his or her own right, the homestead shall be exempt, and the rents and profits thereof shall vest in the surviving spouse during his or her natural life. (b) However, if […]

§ 28-39-202. Petition to reserve homestead

(a) Whenever any resident of this state shall die, leaving a surviving spouse or children who may desire to claim the benefit of Arkansas Constitution, Article 9, §§ 6 and 10 or § 28-39-201, he or she shall file with the probate clerk of the circuit court of the county in which the homestead is […]

§ 28-39-203. Appraisal of homestead — Effect

(a) Upon written application to the clerk by any party interested in the estate of a deceased person, setting forth that the homestead so claimed by the surviving spouse or children, if a lot in any city, town, or village, exceeds the value of two thousand five hundred dollars ($2,500), it shall be the duty […]

§ 28-39-204. Sale of homestead exceeding value limitations

(a) Whenever it shall be made to appear to the satisfaction of the court having probate jurisdiction, by the appraisal of the commissioners provided for in this chapter, that the lot exceeds in value the sum of two thousand five hundred dollars ($2,500), it shall be the duty of the court to order the lot […]

§ 28-39-205. Contest of commissioners’ report

(a) Either party may put in issue the truth of the report of the commissioners, by a petition filed in the court having probate jurisdiction. (b) A summons shall be issued as in other cases, giving at least fifteen (15) days’ notice to the adverse party, requiring him or her to appear and answer. (c) […]

§ 28-39-207. Disturbance of possession — Penalty

When the provisions of the foregoing sections have been complied with by the parties claimant, any administrators or executors of the estate of the deceased who shall assume the possession of or in any manner disturb the surviving spouse or children of the deceased in the enjoyment of the homestead, or undertake to sell the […]