Ark. Code Ann. § 28-53-101 (2026)
Determination of heirship
- Right to Bring Proceedings. Whenever a person has died leaving in this state property or an interest therein, a person claiming an interest in the property as heir or distributee, or a person claiming through an heir or distributee, or the personal representative of the decedent may file a petition in the circuit court of proper venue for the administration of the decedent's estate to determine the heirs and distributees of the decedent and their respective interests in the estate or the property.
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Contents of Petition. The petition shall state:
- The name, age, domicile, and date of death of the decedent;
- The names, relationship, if any, to the decedent, age, and residential address of any heirs and distributees, and every person claiming any interest in the property through an heir or distributee as far as is known or can with reasonable diligence be ascertained;
- A description of the property with respect to which the determination is sought;
- The approximate net value of the estate;
- Whether the decedent died testate or intestate and, if testate, a copy of the will and a certificate of probate thereof shall be attached unless probated in the county in which the petition is filed; and
- Whether an administration of the estate is pending or has been completed and, if so, in what court.
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Procedure.
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Upon the filing of the petition, the court shall fix the time for the hearing thereof, notice of which shall be given to:
- All persons known or believed to claim an interest in the property as heir, or through an heir of the decedent, or as a distributee;
- All persons who, at the date of the filing of the petition, may be shown by the records of conveyances of the county in which any real property described in the petition is located to claim an interest therein through the heirs or distributees of the decedent; and
- Any unknown heirs or distributees of the decedent.
- The notice shall be given by publication and, in addition, personal notice or notice by registered mail shall be given to every such person whose address is known to the petitioner.
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Upon the filing of the petition, the court shall fix the time for the hearing thereof, notice of which shall be given to:
- Upon satisfactory proof, the court shall enter an order determining the heirs and distributees.
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Effect of Order.
- The order shall be conclusive upon all parties to the proceeding having or claiming an interest in the property, subject to the right of appeal, and may be set aside only upon such grounds and under such circumstances and in the manner provided by law for setting aside the final judgment or decree of a court of general jurisdiction.
- However, upon the petition of any person not personally served with notice who may have or claim an interest in the property involved having filed within three (3) years after the date of the rendition of the order or, in the case of a person under disability or incompetency or being beyond the seas, having filed within three (3) years after such a disability is removed, when the request is for good cause stated in the petition and proved to the satisfaction of the court, the court rendering the order may vacate or modify the order insofar as it affects the interests of the person.
History. Acts 1949, No. 140, § 173; 1967, No. 287, § 17; A.S.A. 1947, § 62-2914.
Research References
Ark. L. Rev.
Notices Under the Probate Code, 8 Ark. L. Rev. 324.
U. Ark. Little Rock L.J.
Survey of Arkansas Law: Decedent's Estates, 4 U. Ark. Little Rock L.J. 199.
Case Notes
Evidence of Legitimacy.
In a proceeding by a person claiming to be the illegitimate daughter of a decedent, born at time her mother was legally married, it would be necessary to show that her mother's husband was impotent or that he had no access to her mother; however, the testimony of the mother could not be used to show such nonaccess. Thomas v. Barnett, 228 Ark. 658, 310 S.W.2d 248 (1958).
Evidence of Marriage.
In a proceeding to determine heirship, a half brother was entitled to share estate with nephew, even though no certificate of marriage was introduced showing a second marriage of father of deceased, where there was substantial evidence showing a second marriage actually existed and proof of birth of half brother as result of second marriage by a birth certificate filed prior to the death of deceased. Butler v. Alldredge, 219 Ark. 197, 242 S.W.2d 136 (1951).
Jurisdiction.
Probate court had jurisdiction to set aside its previous order determining heirship, because there was an extended period during which courts had jurisdiction to modify or vacate orders in probate proceedings, there had not been a final termination of the proceedings, and it was not entirely clear that the order determining heirship would have ended the proceedings. McVesting, LLC v. Heirs of Macie McGoon, 2012 Ark. App. 541 (2012).
Prior Rights.
A probate court had no authority under this section to determine the title to realty as between claimants under a will and the alleged sole heir of the deceased whose estate was closed in 1943; rather, the proper jurisdiction for such an action was in the chancery or circuit court. Adams v. Hart, 228 Ark. 687, 309 S.W.2d 719 (1958).
Response.
A court did not err in permitting appellees to dictate a response into the record notwithstanding the fact that they had not complied with requirements that objections to the petition be filed within a prescribed time, for this section, when construed with §§ 28-1-110 and 28-1-114 [repealed], permits such a response. Coogler v. Dorn, 231 Ark. 188, 328 S.W.2d 506 (1959).
Where a petition for determination of heirship under this section was filed in July 1980, and the executor filed his response in September 1980, beyond the 20-day period provided for in ARCP 12, but before the hearing, it was proper for the probate judge to deny petitioner's motion to strike the response, since objections by the defendant are not governed by Rule 12 in probate proceedings and may be made at any time, up to and including the day of the hearing, unless a special order or general rule of the court under § 28-1-110 requires a written objection as a prerequisite to the arguments being heard by the court. King v. King, 273 Ark. 55, 616 S.W.2d 483 (1981).
Standing.
Probate court erred in finding that the limited liability company lacked standing to bring a petition for the determination of heirship, because the limited liability company alleged in the petition that it was a legal entity, so it was a person and could bring the petition; “person” was defined under § 28-1-102(18) to include a corporation, partnership, or other legal entity. McVesting, LLC v. Heirs of Macie McGoon, 2012 Ark. App. 541 (2012).
Statute of Limitations.
An action by an heir attacking the determination of heirship is cut off by the three-year statute of limitations. McBroom v. Clark, 252 Ark. 372, 480 S.W.2d 947 (1972).
There is no reason for a requirement that a petition for the determination of heirship be filed within five years or any other specified time after the death of the person whose heirs are to be ascertained. Bryant v. Lemmons, 269 Ark. 5, 598 S.W.2d 79 (1980).
Cited: Black v. Thompson, 237 Ark. 304, 372 S.W.2d 593 (1963); Boatman v. Dawkins, 294 Ark. 421, 743 S.W.2d 800 (1988).