Ark. Code Ann. » Title 28 Chapter 40
Arkansas Code Annotated

Ark. Code Ann. § 28-40-114 (2020)

Notice of contest

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    1. If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in § 28-40-110 has been given, no further notice is necessary unless ordered by the court.
    2. If the notice provided for in § 28-40-110 has not been given, the notice therein provided for shall be given and shall further state that the will is being contested.
  2. If a statement of grounds for objection to admitting the will to probate is filed after the will has been admitted and within the time limitations stated in § 28-40-113, the court shall fix a time and place for hearing the grounds for objection, and notice shall be given to each heir and devisee whose place of residence is known and, if the grounds for contest include the presentation of another will, to each devisee and the executor nominated in the other will whose place of residence is known, and to such other persons as the court may direct.
  3. All persons notified as provided by § 28-40-110 or by this section shall be deemed parties to the proceeding for all purposes.

History. Acts 1949, No. 140, § 54; A.S.A. 1947, § 62-2115.

Case Notes

Burden of Sustaining Contest.

When surviving son offered a will for probate, he had the burden of proving the genuineness of the signatures; he made such proof, and the will was admitted to probate. When other persons sought to contest the will, they had the burden of sustaining the contest on the alleged ground that the signatures to the will were a forgery. Ross v. Edwards, 231 Ark. 902, 333 S.W.2d 487 (1960).

Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: Dodson v. Charter Behavioral Health Sys. of Nw. Arkansas, Inc., 983 S.W.2d 98 (Ark. 1998).
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Dodson v. Charter Behavioral Health Sys. of Nw. Arkansas, Inc., 983 S.W.2d 98 (Ark. 1998). · cites it 4× “Ark.Code Ann. §§ 28-40-114 and 28-50-101 (1987 and Supp.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.