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§ 28-40-304. Restraint of administrator

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, the court to which the application shall be made shall have authority to restrain the administrator so appointed from any act or proceedings which would be injurious to […]

§ 28-40-202. Action for declaratory judgment

(a) Any person who executes a will disposing of all or part of an estate located in Arkansas may institute an action in the circuit court of the appropriate county of this state for a declaratory judgment establishing the validity of the will. (b) All beneficiaries named in the will and all the testator’s existing […]

§ 28-40-203. Court findings — Effect

(a) If the court finds that the will was properly executed, that the testator had the requisite testamentary capacity and freedom from undue influence at the time of execution, and that the will is otherwise valid, it shall declare the will valid and order it placed on file with the court. (b) A finding of […]

§ 28-40-301. Circuit court jurisdiction

Whenever any will shall be lost, or destroyed by accident or design, the circuit court shall have the same power to take proof of the execution of the will and to establish the same, as in cases of lost deeds.

§ 28-40-302. Proving will

No will of any testator shall be allowed to be proved as a lost or destroyed will unless: (1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and (2) The will is: (A) Proved to have been in […]

§ 28-40-303. Record of decree

(a) Upon a lost or destroyed will’s being established by the decree of a competent court, the decree shall be recorded by the probate clerk of the circuit court before which the will might have been proved if it had not been lost or destroyed. (b) Letters testamentary or of administration, with the will annexed, […]

§ 28-40-114. Notice of contest

(a) (1) If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in § 28-40-110 has been given, no further notice is necessary unless ordered by the court. (2) If the notice provided for in § 28-40-110 has not been […]

§ 28-40-116. Will subsequently presented for probate

(a) If, after a petition for the probate of a will or for the appointment of a general personal representative has been filed and before that petition has been heard, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall hear both petitions together […]

§ 28-40-117. Proof of will

(a) An attested will shall be proved as follows: (1) By the testimony of at least two (2) attesting witnesses, if living at known addresses within the continental United States and capable of testifying; or (2) (A) If only one (1) or neither of the attesting witnesses is living at a known address within the […]