Ark. Code Ann. § 28-65-323 (2020)
Administration of deceased ward's estate
- Upon the death of a ward, the guardian of his or her estate is authorized, as such, subject to the direction of the court, to administer the estate of the deceased ward after further letters are issued to him or her, after a hearing, pursuant to a petition for letters, testamentary or of administration, which has been filed not later than forty (40) days after the death of the ward, subject, however, to the provisions of § 28-40-116.
- In such a case, the guardian shall file an account of his or her administration of the ward's estate up to the date of the death of the ward and shall cause a notice of the filing of the account to be published combined with a notice to creditors of the deceased ward.
- Proceedings for the presentation, allowance, and payment of claims against the estate of the deceased ward shall be governed by the laws relating to claims against decedents' estates, with the guardian serving as personal representative.
- Liability on the guardian's bond shall continue and shall apply to the complete administration of the estate of the deceased ward by the guardian.
- If letters, testamentary or of administration, are granted to someone other than the guardian upon a petition filed within forty (40) days after the death of the ward, the authority of the guardian to administer the ward's estate shall terminate upon the appointment and qualification of the personal representative, and the guardian shall deliver to the personal representative the assets of the ward's estate remaining in the hands of the guardian.
- The probate clerk of the circuit court is entitled to additional fees, not to exceed one hundred dollars ($100), to cover the initiation of the administration of the ward's estate and, if so initiated, shall direct the personal representative to pay them.
History. Acts 1985, No. 940, § 48; A.S.A. 1947, § 57-867; Acts 1991, No. 957, § 1; 1997, No. 513, § 1.
Case Notes
Noncompliance.
Where the guardian of the wife's estate failed to timely obtain letters of administration within forty days of the wife's death, the guardian failed to comply with § 28-65-323 and lost her authority to prosecute an action to contest her husband's will on her behalf. First Sec. Bank v. Estate of Leonard, 369 Ark. 213, 253 S.W.3d 434 (2007).
Termination of Guardianship.
Because the guardianship terminated at the ward's death, his funeral expenses were not proper expenses of the guardianship. Rogers v. Ritchie, 2017 Ark. App. 420, 528 S.W.3d 272 (2017).
Subchapter 4 — Termination of Guardianship
Cross References. Termination of guardianship, § 9-26-104.
Research References
Am. Jur. 39 Am. Jur. 2d, Guar. & W., §§ 96, 198. 199, 255.
C.J.S. 39 C.J.S., Guar. & W., § 36 et seq.