2010 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 5 - Civil Procedure Generally
Chapter 62 - Survival And Abatement Of Actions
§ 16-62-106 - Death of a party -- Revivor in name of special administrator.

16-62-106. Death of a party -- Revivor in name of special administrator.

(a) In all cases where suits may be instituted, and either plaintiff or defendant dies pending the suit or suits, it shall be lawful for the court before which the suit or suits are pending, on the motion of any party interested, to appoint a special administrator, in whose name the cause shall be revived. The suit or suits shall progress, in all respects in his or her name with like effect as if the plaintiff or defendant, as the case may be, had remained in full life.

(b) The powers of the special administrator shall extend and be confined alone to the mere prosecution or defense of the particular suit or suits which he may be appointed by the court to prosecute or defend.

(c) No special administrator shall be appointed as prescribed in this section where there is a general administrator.

(d) No such special administrator or executor shall be liable for costs of the suit, for the management whereof he or she may be appointed.

Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.