Ark. Code Ann. » Title 28 Chapter 53
Arkansas Code Annotated

Ark. Code Ann. § 28-53-104 (2020)

Order of final distribution — Contents

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  1. The order authorizing, directing, or approving a final distribution shall state that:
    1. Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;
    2. The notice required by § 28-53-103 has been given or has been waived;
    3. The time for filing claims against the estate has expired;
    4. All claims have been paid, or contain a list of unpaid claims;
    5. There are contingent claims which have been allowed and whether the distributees take subject thereto;
    6. All state and federal inheritance and estate taxes have been paid or provided for; and
    7. The distribution authorized or approved is according to law.
  2. If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond.

History. Acts 1949, No. 140, § 161; 1959, No. 190, § 1; A.S.A. 1947, § 62-2902.

Research References

U. Ark. Little Rock L.J.

Survey of Arkansas Law: Decedents' Estates, 6 U. Ark. Little Rock L.J. 139.

Case Notes

Discharge.

Distribution previously made or to be made was approved and the executor and his sureties were released and discharged from their trust and any and all liability or accountability thereunder; nothing in the court's statement discharging the executor indicated that the discharge was subject to a lawsuit being filed. Johnson v. Greene Acres Nursing Home Ass'n, 364 Ark. 306, 219 S.W.3d 138 (2005).

Circuit court did not err in granting a medical center, doctors, and an insurer summary judgment in an executrix's wrongful death/malpractice action because the executrix had no standing to file a lawsuit on behalf of the estate since the probate court had closed the estate and discharged her; there was substantial compliance with this section, and the order closing the estate was effective, because although that order did not expressly discharge the executrix or approve a final distribution, it authorized her to execute an executrix's deed to convey the decedent's property in accordance with her wishes, and since the heirs had waived the final accounting, there was nothing more for the executrix to do as the personal representative of the estate unless a wrongful-death action was filed within the period limited by the circuit court. Prickett v. Hot Spring County Med. Ctr., 2010 Ark. App. 282, 373 S.W.3d 914 (2010), rehearing denied, — Ark. App. —, — S.W.3d —, 2010 Ark. App. LEXIS 447 (May 12, 2010).

No Final Order of Distribution Entered.

Former attorney's appeal from a probate court's order striking the former attorney's response to a motion for modification and declaratory judgment and discovery requests was dismissed with prejudice because (1) the order striking the response was the only issue raised on appeal, (2) the order striking the response was an appealable order, under Ark. R. App. P. Civ. 2(a)(4), (3) the order striking the response was not reviewable under § 28-1-116(d) as being an appealable order entered prior to a final order of distribution, as no final order of distribution meeting the requirements of this section was entered, (4) even if the contested order were viewed as an order of a probate court, rather than an order striking a response, the appeal was still untimely, as the order was appealable at the interlocutory stage, under Ark. R. App. P. Civ. 2(a)(12) and § 28-1-116, and (5) the appeal was not timely filed, under Ark. R. App. P. Civ. 4(a). Brown v. Wilson (In re Estate of Stinnett), 2011 Ark. 278, 383 S.W.3d 357 (2011).

Cited: Keenan v. Peevy, 267 Ark. 218, 590 S.W.2d 259 (1979).

Notes of Decisions
Cited in 5 cases, 2005–2019 · leading case: Johnson v. Greene Acres Nursing Home Ass'n, 219 S.W.3d 138 (Ark. 2005).
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Johnson v. Greene Acres Nursing Home Ass'n, 219 S.W.3d 138 (Ark. 2005). · cites it 6× “Although not specifically citing any statute in its order, the court’s order appeared to be pursuant to Ark. Code Ann. § 28-53-104 (Repl. 2004), which governs orders of final distribution.”
Brown v. Wilson, 2011 Ark. 278, 383 S.W.3d 357. · cites it 2× “However, the record before us does not demonstrate that the order authorizing distribution of the settlement proceeds is a final order of distribution as defined by Arkansas Code Annotated section 28-53-104 (Repl.2004). For example, the order does not state that the requisite…”
Prickett v. Hot Spring Cnty. Med. Ctr., 373 S.W.3d 914 (Ark. Ct. App. 2010). · cites it 6× “We therefore hold that there was substantial compliance with section 28-53-104 and that the June 2006 order was effective to close the decedent’s estate.”
Arman v. Chi St. Vincent Hot Springs, 2019 Ark. App. 187, 574 S.W.3d 731. · cites it 2× “See Ark. Code Ann. § 28-53-104 (Repl. 2012). That order discharged the responsibilities of the estate's personal representative, who was Community First Trust Company.”
Grant v. Williams, 2013 Ark. App. 663, 430 S.W.3d 786. · cites it 2× “3d 357 (where Arkansas Supreme Court held that the order that authorized distribution of settlement proceeds did not constitute a final appeal-able order of distribution); Ark.Code Ann. § 28-53-104 (elements required in an order of final distribution); Ark.”
Ark. Code Ann. § 28-53-104(a): 2 cases
Johnson v. Greene Acres Nursing Home Ass'n, 219 S.W.3d 138 (Ark. 2005). “Although not specifically citing any statute in its order, the court’s order appeared to be pursuant to Ark. Code Ann. § 28-53-104 (Repl. 2004), which governs orders of final distribution.”
Prickett v. Hot Spring Cnty. Med. Ctr., 373 S.W.3d 914 (Ark. Ct. App. 2010). “We therefore hold that there was substantial compliance with section 28-53-104 and that the June 2006 order was effective to close the decedent’s estate.”
Ark. Code Ann. § 28-53-104(b): 2 cases
Johnson v. Greene Acres Nursing Home Ass'n, 219 S.W.3d 138 (Ark. 2005). “Although not specifically citing any statute in its order, the court’s order appeared to be pursuant to Ark. Code Ann. § 28-53-104 (Repl. 2004), which governs orders of final distribution.”
Prickett v. Hot Spring Cnty. Med. Ctr., 373 S.W.3d 914 (Ark. Ct. App. 2010). “We therefore hold that there was substantial compliance with section 28-53-104 and that the June 2006 order was effective to close the decedent’s estate.”
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