Arkansas Code Annotated
Ark. Code Ann. § 28-1-109 (2026)
Petition — Verification
✓ current as of May 2026
- Unless otherwise provided, every application to the court shall be by petition signed and verified by or on behalf of the petitioner.
- This requirement shall be mandatory but not jurisdictional, and noncompliance therewith shall not alone be grounds for appeal.
History. Acts 1949, No. 140, § 10; A.S.A. 1947, § 62-2010.
Case Notes
Application to Court.
An application to the court within the meaning of § 28-40-103 was made when proponents of a will filed a verified petition for probate within three days after death of testator, and a personal appearance before the probate court was not necessary. Minchew v. Tullis, 236 Ark. 818, 368 S.W.2d 282 (1963).
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2001–2021 · leading case: Morton v. Patterson, Etc., Holland, 54 S.W.3d 137 (Ark. Ct. App. 2001).
Morton v. Patterson, Etc., Holland, 54 S.W.3d 137 (Ark. Ct. App. 2001). “On de novo review of this matter, we conclude that such an order failed to strictly comply with the unambiguous requirements set forth in Ark. Code Ann. § 28-1-109 . Accordingly, we reverse the probate court’s order directing appellee to take possession of the aforementioned…”
Miesner v. Est. of Allred, 2017 Ark. App. 390 (Ark. Ct. App. 2017). “We hold that an interested party must first raise an unauthorized-practice-of-law challenge in the circuit court and obtain a ruling on it before we may review it.”
Hooten v. Mobley Law Firm, P.A., 387 S.W.3d 298 (Ark. Ct. App. 2011). “The petition was neither verified by appellants, as required by Arkansas Code Annotated section 28-1-109 (Repl.2004), nor were appellants given notice of the petition prior to its being approved.”
John A. Haverstick & Jerry Haverstick v. Frances Haverstick, 2021 Ark. App. 260 (Ark. Ct. App. 2021). “The brothers argued that the petition for probate and for appointment of a personal representative was neither signed by the petitioner nor verified as required by Arkansas Code Annotated section 28-1-109(a) (Repl. 2012). Moreover, they argued, section 28-1-109(b) requires that…”
Ark. Code Ann. § 28-1-109(a): 1 case
John A. Haverstick & Jerry Haverstick v. Frances Haverstick, 2021 Ark. App. 260 (Ark. Ct. App. 2021). “The brothers argued that the petition for probate and for appointment of a personal representative was neither signed by the petitioner nor verified as required by Arkansas Code Annotated section 28-1-109(a) (Repl. 2012). Moreover, they argued, section 28-1-109(b) requires that…”
Ark. Code Ann. § 28-1-109(b): 1 case
John A. Haverstick & Jerry Haverstick v. Frances Haverstick, 2021 Ark. App. 260 (Ark. Ct. App. 2021). “The brothers argued that the petition for probate and for appointment of a personal representative was neither signed by the petitioner nor verified as required by Arkansas Code Annotated section 28-1-109(a) (Repl. 2012). Moreover, they argued, section 28-1-109(b) requires that…”
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