Ark. Code Ann. § 28-40-110 (2026)
Notice of hearing on petitions
- If the petition for probate or for the appointment of a general personal representative is opposed, or if a demand for notice has been filed under the provisions of § 28-40-108, the court shall, and in all other cases the court may, fix a time and place for a hearing on the petition.
- Notice of the hearing shall be given by one (1) or more of the methods set out in § 28-1-112 to each heir and devisee whose name and address is given, including notice other than by publication to each person who has filed demand for notice.
- If it appears by the petition or otherwise that the fact of the death of the person whose estate is to be administered may be in doubt, or on the written demand of an interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the last known residence address of the alleged decedent.
- The notice required by this section shall be in substantially the following form:
In the Circuit Court of County, Arkansas. Estate of , deceased. To all persons interested in the Estate of , (and to the said , if he be not deceased): You are hereby notified that a petition has been filed in this court (to admit to probate the will of , and) for the appointment of a personal representative for said estate; that said petition will be heard at o'clock at on the day of , 20 , or at such subsequent time or other place to which said hearing may be adjourned or transferred. Date . Probate Clerk of the Circuit Court of County, Arkansas
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History. Acts 1949, No. 140, § 49; A.S.A. 1947, § 62-2110; Acts 2003, No. 1185, § 277.
Research References
Ark. L. Rev.
Notices under the Probate Code, 8 Ark. L. Rev. 324.
Case Notes
Duty to Give Notice.
It was the duty of an executor or administrator, at his official peril, to give the notice to creditors required by former statute, but this duty was not a condition precedent to the exhibition of claims within the required period. Bennett v. Dawson, 15 Ark. (2 Barber) 412 (1855) (decision under prior law).
Notice Form.
Notice took the form recommended by one statute, and the essence of the notice was that one heir was opening the decedent's estate, but the actual probate proceeding she pursued was for the collection of a small estate, and the notice required for that is found in another statute, and appellants testified that they did not receive personal notice, and this testimony was not actually disputed; the trial court clearly erred when it found that the heir satisfied the statutory procedures for collection of a small estate. Bryant v. Osborn, 2014 Ark. 143 (2014).
Cited: Chamberlain v. Crawford, 236 Ark. 468, 366 S.W.2d 897 (1963); Keenan v. Peevy, 267 Ark. 218, 590 S.W.2d 259 (1979); Boatman v. Dawkins, 294 Ark. 421, 743 S.W.2d 800 (1988).