Arkansas Code Annotated
Ark. Code Ann. § 28-40-118 (2020)
Manner of taking testimony
✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
- If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise.
- If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will shall be established by testimony taken in the manner required for taking testimony in equity cases, or as the court may direct.
History. Acts 1949, No. 140, § 58; A.S.A. 1947, § 62-2119.
Case Notes
Cited: Baxter v. Peters, 2009 Ark. App. 807, 373 S.W.3d 340 (2009).
Notes of Decisions
Cited in 2
cases, 2000–2009 · leading case: Baxter v. Peters, 373 S.W.3d 340 (Ark. Ct. App. 2009).
Baxter v. Peters, 373 S.W.3d 340 (Ark. Ct. App. 2009). “Arkansas Code Annotated section 28-40-118 (Repl.2004), further provides in pertinent part: 28-40-118.”
Carter v. Meek, 20 S.W.3d 417 (Ark. Ct. App. 2000). “The subject will was initially admitted to probate with the testimony of the required witnesses being presented by proof-of-will affidavits, as permitted by Ark. Code Ann. § 28-40-118 (a) (1987). However, because a contest of the will was subsequently filed, § 28-40-118(b)…”
Ark. Code Ann. § 28-40-118(b): 1 case
Carter v. Meek, 20 S.W.3d 417 (Ark. Ct. App. 2000). “The subject will was initially admitted to probate with the testimony of the required witnesses being presented by proof-of-will affidavits, as permitted by Ark. Code Ann. § 28-40-118 (a) (1987). However, because a contest of the will was subsequently filed, § 28-40-118(b)…”
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