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Arkansas state exam study topics / Right of Disposition (Final Disposition Rights Act)

Right of Disposition (Final Disposition Rights Act)

About 4 of every 50 questions on a Arkansas state exam practice exam come from this topic.

What to know

Priority order: the DD Form 93 designee, the declaration designee, the spouse, children (sole or majority), parents, siblings, grandparents, grandchildren, a guardian, next of kin, then government representatives. A declaration requires someone 18 or older and 2 witnesses. The right is forfeited by failing to act within 2 days of notice or 5 days of death (whichever is earlier), estrangement (including more than 90 days living apart), or a murder or manslaughter charge. Disputes go to the circuit court in the county where the decedent lived. Paying for the funeral gives no greater right. The funeral director takes control after 5 days, or 24 hours after written notice, whichever is longer, but never more than 7 days after death.

Where it comes from

  • Ark. Code Ann. § 20-17-102

Try a practice question

Absent a DD Form 93 or a declaration, who has first priority over the right of disposition?

  1. AThe personal representative of the estate
  2. BThe sole surviving child
  3. CThe surviving parents
  4. DThe surviving spouse
Show the answer

The surviving spouse. After the DD Form 93 and declaration designees, the surviving spouse is first.

Ark. Code Ann. § 20-17-102(d)(1)

Other topics on the exam