Ark. Code Ann. § 16-61-110 (2026)
Foreign executors, administrators, and guardians
Administrators, executors, and guardians appointed in any of the states, territories, or districts of the United States, under the laws thereof, may sue in any of the courts of this state, in their representative capacity, to the same and like effect as if the administrators, executors, and guardians had been qualified under the laws of this state. However, the administrators, executors, or guardians shall be required, before they shall institute a suit or proceeding, to execute the same bond as is required of other nonresidents by the laws of this state.
History. Acts 1843, § 1, p. 105; C. & M. Dig., § 1093; Pope's Dig., § 1309; A.S.A. 1947, § 27-805.
Case Notes
Applicability.
A foreign administratrix may sue in this state. Saint Louis, I.M. & S. Ry. v. Cleere, 76 Ark. 377, 88 S.W. 995 (1905).
This section does not mention curators. Kindrick v. Capps, 196 Ark. 1169, 121 S.W.2d 515 (1938).
Ancillary Letters.
A foreign administrator had recovered a judgment in an action brought by him in his representative capacity in the jurisdiction of his appointment. It was held that he may sue upon the judgment in his own name without taking out ancillary letters. McCraw v. Simpson, 208 Ark. 471, 187 S.W.2d 536 (1945).
Appointment.
Son, a foreign administrator of his mother's estate, was subject to the requirements for domiciliary personal representatives found in §§ 28-48-101 through 28-48-109, pursuant to this section. Because the son had not been appointed administrator of his mother's estate in any state at the time he filed his original complaint for trespass and conversion of timber, he did not have standing to sue; because the complaint was a nullity, a second complaint could not relate back under Ark. R. Civ. P. 15(c). Travis Lumber Co. v. Deichman, 2009 Ark. 299, 319 S.W.3d 239 (2009).
Jurisdiction.
A domiciliary administratrix of a deceased's out-of-state estate voluntarily entered her appearance in an interpleader proceeding in Arkansas claiming a fund involved in an action in a federal court in the other state. It was held that the Arkansas chancery court had jurisdiction. McCraw v. Simpson, 208 Ark. 471, 187 S.W.2d 536 (1945).
Substitution.
An administrator appointed at the deceased's domicile in another state cannot sue for a debt due his intestate in this state after the appointment of an administrator here. Gibson v. Ponder, 40 Ark. 195 (1882).
Where a suit is brought by an infant by her foreign guardian, it was not error to permit her to substitute a resident as her next friend. Saint Louis, I.M. & S. Ry. v. Haist, 71 Ark. 258, 72 S.W. 893 (1903), overruled, Malone & Hyde, Inc. v. Chisley, 308 Ark. 308, 825 S.W.2d 558 (1992).
Cited: Tipler v. Crafton, 202 Ark. 351, 150 S.W.2d 625 (1941); Redditt v. Hale, 184 F.2d 443 (8th Cir. 1950).