§ 28-39-202 — Petition to reserve homestead

(a) Whenever any resident of this state shall die, leaving a surviving spouse or children who may desire to claim the benefit of Arkansas Constitution, Article 9, §§ 6 and 10 or § 28-39-201 , he or she shall file with the probate clerk of the circuit court of the county in which the homestead is situated an accurate description of the land so claimed, or, if the land is a lot in any city, town, or village, a description of the lot shall be filed, and the surviving spouse and children shall apply to have the land or lot reserved from sale. (b) Immediately after the filing of the description and application, it shall be the duty of the clerk to enter upon the records of the court that the homestead has been duly reserved from sale upon the application of the claimant.

Legislative History

Acts 1873, No. 105, §§ 1, 2, p. 244; C. & M. Dig., §§ 5525, 5526; Pope's Dig., §§ 7164, 7165; Acts 1981, No. 714, § 43; A.S.A. 1947, §§ 62-601, 62-602; Acts 2003, No. 1185, § 274.