![]() “Net estate” refers to the real and personal property of a decedent exclusive of homestead rights, dower, family allowances, and enforceable claims against the estate “Mortgage” includes deed of trust and vendor's lien “Letters” includes letters testamentary, of administration, and of guardianship “Legatee” means a person entitled by will to personal property “Legacy” means a disposition of personal property by will “Lease” includes an oil, gas, or mineral lease “Interested persons” includes any heir, devisee, spouse, creditor, or any other having a property right, interest in, or claim against the estate being administered, and a fiduciary “Heir” denotes a person entitled by the law of descent and distribution to the real and personal property of an intestate decedent, but does not include a surviving spouse “Foreign personal representative” means a personal representative serving under appointment made by a court of competent jurisdiction of another state or territory of the United States or the District of Columbia “Fiduciary” includes personal representative, guardian, and testamentary trustee “Estate” denotes the real and personal property of the decedent or ward as from time to time changed in form by sale, reinvestment, or otherwise and as augmented by any accretions and additions and substitutions and diminished by any decreases and distributions “Distributee” denotes a person entitled to real or personal property of a decedent, either by will, as an heir, or as a surviving spouse “Devise”, when used as a verb, means to dispose of real or personal property, or both, by will “Devise”, when used as a noun, means disposition of real or personal property, or both, by will. “County”, as applied to counties having more than one (1) district, means “district” unless the sense in which it is used or the applicable law indicates otherwise “Claims” includes liabilities of the decedent which survive, whether arising in contract or tort or otherwise, funeral expenses, the cost of a tombstone, expenses of administration, and estate and inheritance taxes “Child” denotes a natural or adopted child, but does not include a grandchild or other more remote descendant or an illegitimate child except such as would inherit under the law of descent and distribution 375.Īrkansas Law Survey, Looney, Decedents' Estates, 8 U. ![]() An emergency is therefore declared to exist, and this Act, being necessary for the immediate preservation of the public peace, welfare and safety, shall take effect and be in force from and after its passage and approval.”Īcts 1949 General Assembly - Act 140 The Probate Code, 3 Ark. ![]() Emergency clause provided: “The General Assembly has ascertained that there is a likelihood of misconstruction of certain provisions of the Probate Code, and that an urgent need exists for clarification thereof and certain additions thereto in order that the law relating to proceedings in probate may be construed and administered in a uniform manner throughout the State, in accordance with the legislative intent for the accomplishment of which purposes this Act is adopted. “Whereas, the Postmaster General has recently established the certified mail service which provides a cheaper means for the transmission of such documents and at the same time provides a system of receipts to prove mailing and delivery….”Īcts 1951, No. “Whereas, the purpose of having official documents served or transmitted by registered mail is to establish proof of mailing and delivery through the system of receipts provided for such mail and Powers of fiduciary, inclusion in trust instrument by reference, § 28-69-301 et seq.Īcts 1957, No. Access to decedent's autopsy records.įor Comments regarding the Probate Code of 1949, see Commentaries Volume B. Use of certified mail permitted.Ģ8-1-119. Vacation and modification of orders.Ģ8-1-117. ![]() Notice - Service - Proof - Costs.Ģ8-1-115. Guardians and attorneys ad litem.Ģ8-1-112.
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