VIII. Decedents’ Estates
Library | Guide to Arkansas Statutes of Limitations (2017 Ed.) |
VIII. DECEDENTS’ ESTATES
A. ADMISSION OF WILL TO PROBATE. No will shall be admitted to probate and no administration shall be granted unless application is made to the court for the same within five (5) years from the death of the decedent, subject only to the exceptions stated. This section shall not affect the availability of appropriate equitable relief against a person who has fraudulently concealed or participated in the concealment of a will. Insofar only as it relates to real property in Arkansas, or any interest in real property, the will of a nonresident that has been admitted to probate in another jurisdiction may be admitted to probate in the state without regard to the time limit imposed by this section. A.C.A. § 28-40-103.
B. APPOINTMENT OF PERSONAL REPRESENTATIVE. Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause to be published a notice of his appointment, stating the date of his or her appointment, and requiring all persons having claims against the estate to exhibit them, properly verified to him or her, within six (6) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in such estate. Claims for injury or death caused by the negligence of the decedent shall be filed within six (6) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in the estate. Within one (1) month after the first publication of notice, a copy thereof shall also be served upon each heir and devisee whose name and address are known and upon all unpaid creditors whose names, status as creditors, and addresses are known or reasonably ascertainable by the personal representative, including the Department of Human Services if it is known or could be reasonably ascertained that the Department of Human Services has rendered services to the decedent in accordance with A.C.A. § 28-1-112(b)(1), (b)(2), or (b)(3). If, thereafter, the names and addresses of any such creditors are ascertained, a copy of the notices shall be promptly served upon them. A.C.A. § 28-40-111(a).
C. CLAIMS AGAINST THE ESTATE.
1. Claims in general.
a. Claim barred at time of decedent’s death. No claim shall be allowed which was barred by any statute of limitations at the time of the decedent’s death. A.C.A. § 28-50-101(b).
b. Claims barred when no administration commenced or no notice published. All claims that could be barred under A.C.A. § 28-40-110(a) shall, in any event, be barred at the end of five (5) years after the date of the death of the decedent, unless within said period letters have been issued and notice to creditors has been published as provided by A.C.A. § 28-40-111. A.C.A. § 28-50-101(d).
...c. Claims of known creditors or reasonably ascertainable creditors barred. Notwithstanding any other provisions of this section to the contrary, the claims of all known or reasonably ascertainable creditors shall be barred at the end of two (2) years from the date of first publication of notice to creditors, even if they have not been provided actual notice in accordance with A.C.A. §
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- Guide to Arkansas Statutes of Limitations (2017 Ed.)
- Table of Contents
- Disclaimer
- Preface
- Caveat
- I. in General: Statutes of Limitations and Time-limiting Rules for Civil Proceedings
- II. Civil Procedure
- III. Commercial Law
- IV. Contracts
- V. Corporations and Other Business Associations
- VI. Criminal Law
- VII. Debtor – Creditor Law
- VIII. Decedents’ Estates
- IX. Employment and Labor Law
- X. Family Law
- XI. Property Law
- XII. Tax Law
- XIII. Torts
- XIV. Miscellaneous
- Index
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