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

Ark. Code Ann. § 28-73-709 (2026)

Reimbursement of expenses

✓ current as of May 2026
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  1. A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
    1. expenses that were properly incurred in the administration of the trust; and
    2. to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
  2. An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.

History. Acts 2005, No. 1031, § 1.

Case Notes

Remand Necessary.

Trial court's award for labor and expenses was reversed and remanded as the trial court had not explained why it awarded the uncontroverted amount submitted by the other trustee for his labor costs, but ignored the uncontroverted amount submitted for reimbursement for materials. Scott v. Scott, 2016 Ark. App. 390, 499 S.W.3d 653 (2016).

Subchapter 8 — Duties and Powers of Trustee

Effective Dates. Acts 2019, No. 1021, § 6: Jan. 1, 2020.

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Rose v. Rose, 427 S.W.3d 698 (Ark. Ct. App. 2013).
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Rose v. Rose, 427 S.W.3d 698 (Ark. Ct. App. 2013). · cites it 8× “Appellants also argue that appellee was not entitled to any reimbursement because she breached her fiduciary duties by, among other things, commingling the proceeds from the sale of the residence with her personal funds and failing to comply with statutory requirements regarding…”
— Ark. Code Ann. § 28-73-709(a)(2) — 1 case
Rose v. Rose, 427 S.W.3d 698 (Ark. Ct. App. 2013). “Appellants also argue that appellee was not entitled to any reimbursement because she breached her fiduciary duties by, among other things, commingling the proceeds from the sale of the residence with her personal funds and failing to comply with statutory requirements regarding…”
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