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Current as of March 28, 2024 | Updated by Findlaw Staff
An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:
(1) In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee must:
(A) not later than three years after the death of the decedent, commence an action against the surviving community-property spouse of the decedent who is in possession of the property; or
(B) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.
(2) In an action other than an action under paragraph (1), the heir, devisee, or nonprobate transferee must:
(A) not later than six months after the appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or
(B) if a personal representative is not appointed, commence the action not later than three years after the death of the decedent.
Cite this article: FindLaw.com - Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-15-109. Right of heir, devisee, or nonprobate transferee - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-15-109/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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