2012 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 2 - Descent And Distribution
Chapter 13 - Escheated Estates
§ 28-13-110 - Reclamation of escheated property.


AR Code § 28-13-110 (2012) What's This?

(a) (1) (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided at death, stating the nature of his or her claim and praying that such money may be paid to him or her.

(B) A copy of the petition shall be served on the prosecuting attorney for the district, who shall put in an answer to the petition.

(2) The court shall examine the claim and the allegations and proofs. If it finds that the person is entitled to any money paid into the treasury, the court shall make an order directing the county treasurer to issue his or her warrant on the county treasurer for the payment of the money, but without interest or costs. A copy of the order, under the seal of the court, shall be a sufficient voucher for issuing the warrant.

(b) (1) If any person appears and claims lands vested in the county within seven (7) years after the death of the last person seized, the person, other than one who was served with scire facias or appeared to the proceeding or the person's heirs or assigns, may file his or her petition in the circuit court in the county or district where the land may lie, setting forth the nature of his or her demand or claim and praying that the estate may be relinquished to him or her.

(2) A copy of the petition shall be served on the prosecuting attorney for the district, who shall answer it. The court shall examine the claim and allegations, together with such proof as may be adduced.

(3) If it appears that the person is entitled to the lands, the court shall decree accordingly. The decree shall divest the interest of the county in the estate. However, no costs shall be adjudged against the county in such a case.

(c) All persons who fail to appear and file their petitions within the time limited shall be forever barred, except the usual saving to infants.

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