Ark. Code Ann. » Title 28 Chapter 73
Arkansas Code Annotated

Ark. Code Ann. § 28-73-201 (2020)

Role of court in administration of trust

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  1. A court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
  2. A trust is not subject to continuing judicial supervision unless ordered by the court.
  3. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.

History. Acts 2005, No. 1031, § 1.

Case Notes

Service of Process.

Summons in a trust administration case qualified as a special circumstance and the circuit court did not abuse its discretion in denying a qualified trust beneficiary's motion to declare the service and process void and invalid; although the beneficiary argued that the summons was defective because the caption section said “Hamilton Living Trust” and did not name the trustee or the parties, the trustee had the summons issued in the name of the trust, as this section gave it the right to do, and the summons was directed to the beneficiary, who received it and filed a timely answer (decided under former version of Ark. R. Civ. P. 4). Hamilton v. Bank of the Ozarks (In re Hamilton Living Trust), 2019 Ark. App. 76, 571 S.W.3d 53 (2019).

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2016–2024 · leading case: Hamilton v. Bank of the Ozarks (In re Hamilton Living Trust Dated September 22, 2003), 2019 Ark. App. 76, 571 S.W.3d 53.
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Hamilton v. Bank of the Ozarks (In re Hamilton Living Trust Dated September 22, 2003), 2019 Ark. App. 76, 571 S.W.3d 53. · cites it 12× “So on March 31, 2016, the Trustee filed a "Complaint for Declaration of Rights" with respect to administration of the Trust pursuant to Ark. Code Ann. § 28-73-201 (c) (Repl. 2013).”
Richard G. Gawenis v. Zelda Walls Living Trust, 2022 Ark. App. 302. · cites it 6× “On October 29, 2020, Bryant, as trustee of the Zelda Walls Living Trust dated July 25, 2019 (the Trust), filed a complaint in the Van Buren County Circuit Court against Gawenis for a declaration as to the rights of the trustee and beneficiaries pursuant to the Arkansas Trust…”
In re Corn, 2016 Ark. 229, 493 S.W.3d 311. · cites it 4× “, Ark. Code Ann. § 28-73-201 (c) (“A judicial proceeding involving 2 The majority claims, presumably upon counsel’s representations at the hearing, that Corn had not yet received any funds in his capacity as a beneficiary designee.”
Stephanie Wilson v. Jeanette Kolterman, 2024 Ark. App. 376, 692 S.W.3d 380. · cites it 2× “The circuit court held that pursuant to Arkansas Code Annotated section 28-73-201(a) (Repl. 2012), which gives the court the right to intervene in the administration of a trust “to the extent its jurisdiction is invoked by an interested person or as provided by law,” because…”
Kingman v. Joseph, No. 3:18-cv-00155 (E.D. Ark. Oct. 19, 2023). “§ 28-73-201(c). He asks whether the following medical liens are enforceable under Oklahoma law: e H&H Medical Services, □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 93,400.”
Ark. Code Ann. § 28-73-201(a): 1 case
Stephanie Wilson v. Jeanette Kolterman, 2024 Ark. App. 376, 692 S.W.3d 380. “The circuit court held that pursuant to Arkansas Code Annotated section 28-73-201(a) (Repl. 2012), which gives the court the right to intervene in the administration of a trust “to the extent its jurisdiction is invoked by an interested person or as provided by law,” because…”
Ark. Code Ann. § 28-73-201(c): 2 cases
In re Corn, 2016 Ark. 229, 493 S.W.3d 311. “, Ark. Code Ann. § 28-73-201 (c) (“A judicial proceeding involving 2 The majority claims, presumably upon counsel’s representations at the hearing, that Corn had not yet received any funds in his capacity as a beneficiary designee.”
Kingman v. Joseph, No. 3:18-cv-00155 (E.D. Ark. Oct. 19, 2023). “§ 28-73-201(c). He asks whether the following medical liens are enforceable under Oklahoma law: e H&H Medical Services, □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 93,400.”
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