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28-48-109. Allowances For Defending Will Or Prosecuting Its Probate.

(a) When any person nominated in a will as executor or the administrator with the will annexed, in good faith defends the will or prosecutes any proceedings for the purpose of having it admitted to probate, whether successful or not, he or she shall be allowed out of the estate his or her necessary expenses and disbursements including reasonable attorney's fees in such proceedings.

(b) If the nominated executor or administrator with the will annexed should fail to defend the will or prosecute proceedings for its probate and one (1) or more interested parties take such action and are successful, then the parties shall be reimbursed out of the estate for their necessary expenses and disbursements including reasonable attorney's fees.

History

Acts 1949, No. 140, § 78; 1967, No. 287, § 6; A.S.A. 1947, § 62-2209.

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Local Government
Arkansas
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Asa Hutchinson
Asa Hutchinson
January 13, 2015 -
Republican
501-682-5080
425 W Capitol Ave. Suite 1620, Little Rock, AR, 72201

Keywords
estate
defend
prosecute
proceedings
probate
attorney
expenses
necessary
disbursements
reasonable