Arkansas Statutes
§ 28-39-404 — Form of election - Filing
Arkansas·Title 28
(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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Legislative History
Acts 1949, No. 140, § 36; 1970 (1st Ex. Sess.), No. 14, § 2; A.S.A. 1947, § 60-504; Acts 2003, No. 1185, § 276.
Nearby Sections
15
§ 28-1-101
Title§ 28-1-102
Definitions§ 28-1-103
Effect of code§ 28-1-104
Probate proceedings§ 28-1-106
Referees and probate clerks§ 28-1-108
Records§ 28-1-109
Petition - Verification§ 28-1-110
Filing objections to petition§ 28-1-111
Guardians and attorneys ad litem§ 28-1-112
Notice - Service - Proof - Costs§ 28-1-113
Waiver of notice§ 28-1-115
Vacation and modification of orders§ 28-1-116
Appeals§ 28-1-117
Use of certified mail permitted§ 28-1-118
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