Arkansas 2025 Regular Session

Arkansas Senate Bill SB404 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 404 3
6	6	4
7	7	By: Senator J. Boyd 5
8	8	By: Representative John Carr 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO REQUIRE NOTIFICATION TO THE DEPARTMENT OF 9
12	12	FINANCE AND ADMINISTRATION OF THE PROBATE OF AN 10
13	13	ESTATE IF THE DEPARTMENT OF FINANCE AND 11
14	14	ADMINISTRATION HAS FILED A CERTIFICATE OF 12
15	15	INDEBTEDNESS AGAINST THE DECEDENT; AND FOR OTHER 13
16	16	PURPOSES. 14
17	17	15
18	18	16
19	19	Subtitle 17
20	20	TO REQUIRE NOTIFICATION TO THE 18
21	21	DEPARTMENT OF FINANCE AND ADMINISTRATION 19
22	22	OF THE PROBATE OF AN ESTATE IF THE 20
23	23	DEPARTMENT OF FINANCE AND ADMINISTRATION 21
24	24	HAS FILED A CERTIFICATE OF INDEBTEDNESS 22
25	25	AGAINST THE DECEDENT. 23
26	26	24
27	27	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
28	28	26
29	29	SECTION 1. Arkansas Code § 28-40-111(a)(4), concerning notice of the 27
30	30	probate of an estate to creditors, is amended to read as follows: 28
31	31	(4)(A) Within one (1) month after the first publication of the 29
32	32	notice, a copy of the notice shall also be served in accordance with § 28 -1-30
33	33	112(b)(1), § 28-1-112(b)(2), or § 28-1-112(b)(3) upon each heir and devisee 31
34	34	whose name and address are known and upon all unpaid creditors whose names, 32
35	35	status as creditors, and addresses are known to or reasonably ascertainable 33
36	36	by the personal representative, including the: 34
37	37	(i) The Department of Human Services if it is known 35
38	38	or could reasonably be ascertained that the department Department of Human 36 SB404
39	39
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41	41	Services has rendered services to the decedent , in accordance with § 28-1-1
42	42	112(b)(1), § 28-1-112(b)(2), or § 28-1-112(b)(3); and 2
43	43	(ii) The Department of Finance and Administration if 3
44	44	the Department of Finance and Administration has filed a certificate of 4
45	45	indebtedness against the decedent under § 26 -18-701 in the county in which 5
46	46	the probate action was filed or as otherwise provided in § 26 -18-701. 6
47	47	(B)(i) Notice to the department The notice required under 7
48	48	subdivision (a)(4)(A)(i) of this section shall be served upon the Office of 8
49	49	Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock, AR 72203. 9
50	50	(ii) A copy of the petition for probate of a will or 10
51	51	administration of an estate and the decedent's social security number shall 11
52	52	be attached to the notice served upon the department The notice required 12
53	53	under subdivision (a)(4)(A)(ii) of this section shall be served upon the 13
54	54	Garnishment Section, Probate Division, P.O. Box 1369, Suite 1450, Little 14
55	55	Rock, AR 72203. 15
56	56	(iii) Notice served under subdivision (a)(4)(B) of 16
57	57	this section shall include a copy of the petition for probate of a will or 17
58	58	administration of an estate and the decedent’s Social Security number. 18
59	59	(C)(i) If, thereafter, the names and addresses of any such 19
60	60	creditors are ascertained, a copy of the notice shall be promptly served upon 20
61	61	them. 21
62	62	(ii) The burden of proof on any issue as to whether 22
63	63	a creditor was known to or reasonably ascertainable by the personal 23
64	64	representative shall be upon the creditor claiming entitlement to such actual 24
65	65	notice. 25
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