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2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 1 - General Provisions
Chapter 1 - General Provisions
§ 28-1-113. Waiver of notice
Universal Citation: AR Code § 28-1-113 (2017)
- (a) A person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice.
- (b) A waiver in writing, executed in person or by attorney, in behalf of a person who is interested in a hearing in a probate proceeding, shall be effective if made by:
- (1) A legally competent person in his or her own behalf;
- (2) The guardian of the estate of an incompetent person in behalf of his or her ward, unless the interests of the ward and the guardian in the hearing are adverse;
- (3) An incompetent person in his or her own behalf if the interests of the guardian and the ward in the hearing are adverse, or if there is no guardian;
- (4) Either parent in behalf of a minor child, if the child is under fourteen (14) years of age and in the actual custody of the parent, or the minor child in his or her own behalf if the minor child has attained fourteen (14) years of age;
- (5) A guardian ad litem in behalf of an incompetent person;
- (6) A trustee in behalf of a beneficiary of his or her trust; or
- (7) A consul or other representative of a foreign government whose appearance has been entered as provided by law in behalf of a person residing in a foreign country.
- (c) A waiver, executed by a competent person in his or her own behalf or by his or her attorney, by its terms, may include one (1) or more hearings in a particular probate proceeding.
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