§ 28-1-116 — Appeals

Arkansas § 28-1-116

• Jurisdiction: Arkansas
• Title: 28

Text

(a) Appeal Permitted. Except as provided in subsection (b) of this section, a person aggrieved by an order of the circuit court in probate proceedings under the provisions of the Probate Code may obtain a review of the order by the Supreme Court or the Court of Appeals. (b) Orders Which Are Not Appealable. There shall be no appeal from an order: (1) Removing a fiduciary for failure to give a new bond or to render an account as required by the court; or (2) Appointing a special administrator. (c) Stay of Appeal. (1) When an appeal is taken with respect to any appealable order in the administration of a decedent's estate made prior to the order of final distribution, other than an order admitting or denying the probate of a will or appointing or refusing to appoint a personal representative, the circuit court or appellate court, in its discretion, may order that the appeal be: (A) Stayed until the order of final distribution is made; and (B) Heard only as a part of any appeal which may be taken from the order of final distribution. (2) This subsection shall not apply to guardianships. (d) When Appeal from Order of Final Distribution Includes Appeal from Prior Orders. When an appeal is taken from the order of final distribution in the administration of a decedent's estate, all prior appealable orders and judgments to which the appellant has filed objections in writing within sixty (60) days after the order of judgment was rendered and from which an appeal has not been taken, except orders admitting or denying the probate of a will or appointing a personal representative, shall be reviewed at the election of the appellant. The appellant shall indicate the election by clearly stating in the appeal the orders which he or she desires to have reviewed. (e) Stay. (1) An appeal shall stay other proceedings in the circuit court except when and to the extent that the court finds that no interested person will be prejudiced and by order permits other proceedings to be had. (2) An order granting an allowance to the widow of minor children of a decedent pending settlement of the estate or setting apart exempt personal property to them shall not be stayed by an appeal. (f) When Fiduciary Not Required to Give Supersedeas Bond. No supersedeas bond shall be required of a fiduciary when, in any probate matter, he or she appeals on behalf of his or her ward or the estate. (g) Applicability of General Appellate Rules. (1) Except as otherwise provided in the Probate Code, the provisions as to time, manner, notice, appeal bonds, stays, scope of review, duties of the clerk, and all other matters relating to appellate review shall be determined by the law and rules applicable to appeals in equity cases. (2) The transcript on appeal shall be compiled in the same manner and consist of the same material as prescribed by law for appeals in equity cases.

Legislative History

Acts 1949, No. 140, § 16; A.S.A. 1947, § 62-2016; Acts 2003, No. 1185, § 273.