Arkansas § 28-40-302 Proving will

Arkansas Statutes

§ 28-40-302 — Proving will

Arkansas § 28-40-302

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This text of Arkansas § 28-40-302 (Proving will) 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. § 28-40-302 (2026).

Text

No will of any testator shall be allowed to be proved as a lost or destroyed will unless:

(1)The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and (2) The will is:

(A)Proved to have been in existence at the time of the death of the testator; or (B) Shown to have been fraudulently destroyed in the lifetime of the testator. Rev. Stat., ch. 157, § 51; C. & M. Dig., § 10545; Pope's Dig., § 14563; A.S.A. 1947, § 60-304.

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No will of any testator shall be allowed to be proved as a lost or destroyed will unless: (1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and (2) The will is: (A) Proved to have been in existence at the time of the death of the testator; or (B) Shown to have been fraudulently destroyed in the lifetime of the testator. Rev. Stat., ch. 157, § 51; C. & M. Dig., § 10545; Pope's Dig., § 14563; A.S.A. 1947, § 60-304.