IN RE: OFFICIAL PROBATE FORMS
Cite as 336 Ark. ___ (1999)

 

ADMINISTRATIVE ORDER NUMBER 12

OFFICIAL PROBATE FORMS

The Court, pursuant to Ark. Code Ann.. 28-1-114 and its constitutional and inherent powers to regulate procedure in the courts, has adopted thirty-three probate forms. These official forms supersede all earlier versions. The forms are published in 336 Ark. Appendix (1999)."

[The materials appearing below shall not be published in the Arkansas Court Rules.]

NOTE: Text of form caption is corrected to read "Circuit" rather than "Probate" Court and to insert "Probate Division," per the direction of the Arkansas Supreme Court Committee on Civil Practice [10-03-2006].

ADMINISTRATIVE ORDER NUMBER 12

OFFICIAL PROBATE FORMS

Section 1. Authority. The Court, pursuant to Ark. Code Ann. 28-1-114 and its constitutional and inherent powers to regulate procedure in the courts, adopts the following probate forms. These official forms supersede all earlier versions.

Section 2. Captions and Affidavits. When the word "caption" appears on a form, the following format should be used:

In The Circuit Court of _____________ County, Arkansas

Probate Division

 

In The Matter of the Estate of

_______________, Deceased             No. _________

-OR-

In the Matter of ___________,

An Incapacitated Person

When the word "affidavit" appears on a form, the following format should be used:

STATE OF ARKANSAS

COUNTY OF ________

Subscribed and sworn to before me on [date].

______________________________

[Signature]

______________________________

[Official Title]

(Seal)

My commission expires: ____________________

Reporter's Notes to Section 2: The statutes governing guardianship proceedings, Ark. Code Ann. 28-65-101 - 28-65-603, use the term "incapacitated person" to refer both to persons who are impaired by reason of various forms of disability and to persons under the age of 18 whose disabilities have not been removed. The term "minor" may be used with respect to the latter.

By statute, "[e]very application to the [probate] court, unless otherwise provided, shall be by petition signed and verified by or on behalf of the petitioner." Ark. Code Ann. 28-1-109(a). Other documents require verification only if the governing statute so provides. These statutes are cited in the Reporter's Notes accompanying those forms, other than applications, that require an affidavit.