§ 28-53-101 — Determination of heirship

Arkansas § 28-53-101

• Jurisdiction: Arkansas
• Title: 28

Text

(a) Right to Bring Proceedings. Whenever a person has died leaving in this state property or an interest therein, a person claiming an interest in the property as heir or distributee, or a person claiming through an heir or distributee, or the personal representative of the decedent may file a petition in the circuit court of proper venue for the administration of the decedent's estate to determine the heirs and distributees of the decedent and their respective interests in the estate or the property. (b) Contents of Petition. The petition shall state: (1) The name, age, domicile, and date of death of the decedent; (2) The names, relationship, if any, to the decedent, age, and residential address of any heirs and distributees, and every person claiming any interest in the property through an heir or distributee as far as is known or can with reasonable diligence be ascertained; (3) A description of the property with respect to which the determination is sought; (4) The approximate net value of the estate; (5) Whether the decedent died testate or intestate and, if testate, a copy of the will and a certificate of probate thereof shall be attached unless probated in the county in which the petition is filed; and (6) Whether an administration of the estate is pending or has been completed and, if so, in what court. (c) Procedure. (1) (A) Upon the filing of the petition, the court shall fix the time for the hearing thereof, notice of which shall be given to: (i) All persons known or believed to claim an interest in the property as heir, or through an heir of the decedent, or as a distributee; (ii) All persons who, at the date of the filing of the petition, may be shown by the records of conveyances of the county in which any real property described in the petition is located to claim an interest therein through the heirs or distributees of the decedent; and (iii) Any unknown heirs or distributees of the decedent. (B) The notice shall be given by publication and, in addition, personal notice or notice by registered mail shall be given to every such person whose address is known to the petitioner. (2) Upon satisfactory proof, the court shall enter an order determining the heirs and distributees. (d) Effect of Order. (1) The order shall be conclusive upon all parties to the proceeding having or claiming an interest in the property, subject to the right of appeal, and may be set aside only upon such grounds and under such circumstances and in the manner provided by law for setting aside the final judgment or decree of a court of general jurisdiction. (2) However, upon the petition of any person not personally served with notice who may have or claim an interest in the property involved having filed within three (3) years after the date of the rendition of the order or, in the case of a person under disability or incompetency or being beyond the seas, having filed within three (3) years after such a disability is removed, when the request is for good cause stated in the petition and proved to the satisfaction of the court, the court rendering the order may vacate or modify the order insofar as it affects the interests of the person.

Legislative History

Acts 1949, No. 140, § 173; 1967, No. 287, § 17; A.S.A. 1947, § 62-2914.