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Arkansas Circuit Courts Judges' Benchbook Probate Division

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Arkansas Circuit Courts Judges' Benchbook Probate Division Arkansas Circuit Courts Judges’ Benchbook Probate Division The Administrative Office of the Courts Justice Building, Suite 1100 625 Marshall Street Little Rock, AR 72201 (501) 682-9400 https://courts.arkansas.gov/ Updated June 2018 You Must Use Google Chrome in order for the Public Links in Fastcase to Work. Table of Contents I. Wills ...................................................................................................................................... 1 Administration ...................................................................................................................... 1 Venue & Jurisdiction ......................................................................................................... 1 Statute of Limitations ....................................................................................................... 2 No Will Effectual Until Probated ...................................................................................... 2 Attested Wills .................................................................................................................... 2 Will Subsequently Presented for Probate ......................................................................... 3 Notice of Hearing ............................................................................................................... 4 Validity of a Will ................................................................................................................... 5 Age ..................................................................................................................................... 5 Sanity ................................................................................................................................. 5 Witnesses ........................................................................................................................... 5 Execution ........................................................................................................................... 6 Foreign Execution.............................................................................................................. 7 Revocation.......................................................................................................................... 8 Revival ............................................................................................................................... 9 Affidavit of Attesting Witness ..........................................................................................10 Incorporation by Reference ..............................................................................................10 Construction .........................................................................................................................12 Jurisdiction to Construe ...................................................................................................12 Intention of Testator ........................................................................................................12 After-Acquired Property ...................................................................................................12 Failure of a Testamentary Provision & Lapse .................................................................13 Partial Intestacy ...............................................................................................................14 Ademption.........................................................................................................................15 Inter Vivos Gifts ...............................................................................................................15 Holographic Wills .................................................................................................................16 Definition ..........................................................................................................................16 Lost or Destroyed Wills ........................................................................................................18 Jurisdiction .......................................................................................................................18 i Record of Decree ...............................................................................................................19 Restraint of Administrator ...............................................................................................20 Petition for Probate ..............................................................................................................20 Who May Petition .............................................................................................................20 Content of Petition ...........................................................................................................21 Notice & Service ...............................................................................................................21 Waiver of Notice ...............................................................................................................23 Requests for Notice ...........................................................................................................24 Hearing on Petition Without Notice ................................................................................24 Taking Against a Will ..........................................................................................................25 Surviving Spouse ..............................................................................................................25 Children Taking Against a Will .......................................................................................27 Claims Against the Estate ...................................................................................................29 Allowance of Claims .........................................................................................................29 Classification ....................................................................................................................29 Time for Filing Claims .....................................................................................................30 Distribution & Discharge .....................................................................................................30 Conclusiveness of Final Order .........................................................................................30 Exoneration of Encumbered Property ..............................................................................30 More thn one representative ............................................................................................31 Discharge of Personal Representative .............................................................................31 Reopening Administration ...............................................................................................31 Devise of Property ................................................................................................................32 Devise of Encumbered Property .......................................................................................32 Contracts Affecting the Devise of Property .....................................................................32 Contesting a Will .................................................................................................................34 Generally ..........................................................................................................................34 Notice of Contest ..............................................................................................................35 Grounds for Contest .........................................................................................................35 Rights of Persons Acquiring Interest Prior to a filed Objection ......................................37 Family Settlement Agreements .......................................................................................37 Executors & Administrators ................................................................................................38 ii Authority ..........................................................................................................................38 Duties ................................................................................................................................38 Removal ............................................................................................................................39 II. Intestate Succession ...................................................................................................... 42 Definitions ............................................................................................................................42 In General ............................................................................................................................42 Distribution ..........................................................................................................................43 Interests Transmissible by Inheritance ..............................................................................43 Heirs as Tenants in Common ..............................................................................................44 No Gender Preference ..........................................................................................................44
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