Burns v. Estate of Cole, 364 Ark. 280

Summary

The Arkansas Supreme Court affirmed the dismissal of Jason V. Burns's claim to inherit from the estate of Jerry Noel Cole as his natural child. The court held that Burns's petition for appointment as administrator did not constitute an action or claim against the estate filed within the statutory 180-day period, and that one of the statutory conditions for inheritance also had to be satisfied within that period. The court did not reach the merits of whether a Christmas card constituted a written acknowledgment of paternity because Burns failed to meet the statutory filing requirement.

Holdings

1. A petition for appointment as administrator does not constitute an action commenced or claim asserted against the estate when the petitioner has not been legally determined to be the decedent's legitimate heir.
2. At least one of the six statutory conditions and an action commenced or claim asserted against the estate must be satisfied within 180 days of the decedent's death.
3. The court declined to reach the merits of whether the Christmas card satisfied the written-acknowledgment condition because Burns independently failed to commence an action or assert a claim within the statutory 180-day period.

Questions Presented

1. Whether Burns's timely petition for appointment as administrator constituted an action commenced or claim asserted against the estate within 180 days under Ark. Code Ann. section 28-9-209(d).
2. Whether at least one of the six conditions in Ark. Code Ann. section 28-9-209(d)(1)-(6) had to be satisfied within the 180-day period.
3. Whether the Christmas card constituted a written acknowledgment by Cole that Burns was his natural child under Ark. Code Ann. section 28-9-209(d)(2).

Disposition

affirmed