Ark. Code Ann. § 28-1-113 (2026)
Waiver of notice
- A person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice.
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A waiver in writing, executed in person or by attorney, in behalf of a person who is interested in a hearing in a probate proceeding, shall be effective if made by:
- A legally competent person in his or her own behalf;
- The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse;
- An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian;
- Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age;
- A guardian ad litem in behalf of an incompetent person;
- A trustee in behalf of a beneficiary of his or her trust; or
- A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country.
- A waiver, executed by a competent person in his or her own behalf or by his or her attorney, by its terms, may include one (1) or more hearings in a particular probate proceeding.
History. Acts 1949, No. 140, § 13; 1951, No. 255, § 3; 1975, No. 620, § 8; A.S.A. 1947, § 62-2013.
Research References
Ark. L. Rev.
Probate Code Amendments, 5 Ark. L. Rev. 377.
Notices under the Probate Code, 8 Ark. L. Rev. 324.
Case Notes
Personal Waiver.
Personal waiver of successor guardian who was not a party to the action, in her own behalf, did not bar the guardian from challenging the order on behalf of ward where her personal waiver was executed prior to her appointment as successor guardian. Smart v. Biggs, 26 Ark. App. 141, 760 S.W.2d 882 (1988).
Circuit court did not clearly err when it found that appellant's waiver of notice as written applied to “all proceedings” and that appellant did not intend it to be limited to only proceedings that involved the appointment of his parents as guardians to his children, as opposed to other persons; although appellant could have limited under the statute his waiver to waive notice only of specific hearings, he failed to do so. Paschall v. Paschall, 2018 Ark. App. 514, 563 S.W.3d 592 (2018).
Voluntary Submission to Jurisdiction.
A party contesting a will voluntarily submitted to the jurisdiction of the probate court by requesting in writing that notice by ordinary mail of any petition, motion, or other filing of any kind be sent to his attorney. Gibbins v. Hancock, 267 Ark. 298, 590 S.W.2d 280 (1979).