Arkansas § 28-39-404 Form of election - Filing

Arkansas Statutes

§ 28-39-404 — Form of election - Filing

Arkansas § 28-39-404

Title28

This text of Arkansas § 28-39-404 (Form of election - Filing) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-39-404 (2026).

Text

(a)(1) The election to take against the will shall be:

(A)In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and (B) Filed in the office of the probate clerk of the circuit court.

(2)It shall be in substantially the following form: Click here to view form.

(b)The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.

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(a) (1) The election to take against the will shall be: (A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and (B) Filed in the office of the probate clerk of the circuit court. (2) It shall be in substantially the following form: Click here to view form. (b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.