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2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 1 - General Provisions
Chapter 1 - General Provisions
§ 28-1-106. Referees and probate clerks
Universal Citation: AR Code § 28-1-106 (2017)
- (a) Circuit courts shall have the authority to appoint referees in probate in the respective counties in the manner and with the powers and duties as provided by Supreme Court rule.
- (b)
- (1) In the absence of the circuit judge or a referee within a county, the probate clerk of the circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees.
- (2) However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court.
- (c) (1) The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to:
- (A) Take acknowledgments;
- (B) Administer oaths;
- (C) Issue notices and process;
- (D) Certify copies of instruments, documents, and records of the court; and
- (E) Perform the usual functions of his or her office and other functions as may be authorized by law.
- (2) All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction.
- (d) The probate clerk of the circuit court shall be the custodian of all adoption records and documents.
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