US Lawyer Database

§ 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, […]

§ 28-40-304. 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 […]

§ 28-40-105. Delivery of will by custodian

(a) After the death of a testator, the person having custody of his or her will shall deliver it to the court which has jurisdiction of the estate or to the executor named in the will. (b) (1) Upon the written motion of an interested person, the clerk shall issue a citation against any person […]

§ 28-40-121. Finality of order — Conclusiveness of finding of death

An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions: (1) It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore […]

§ 28-40-106. Powers of nominated executor prior to appointment

(a) Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take such steps as are reasonably necessary in the management and preservation of the property and rights of the decedent and, subject to the prior rights of members of the immediate family […]

§ 28-40-122. Certificate of probate

(a) When proved as provided in this subchapter, every will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the clerk that the will has been probated. (b) If for any reason a will is not in the custody of the court, the court shall find the […]