# Ark. Code Ann. § 18-60-1002: Definitions

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1002

## Section

- **Citation:** Ark. Code Ann. § 18-60-1002
- **Heading:** Definitions
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 18 / Chapter 60 / Subchapter 10 / Section 18-60-1002

## Text

In this subchapter: (1) (A) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) "Ascendant" includes an adoptive parent and his or her ascendants. (2) "Collateral" means an individual who is related to another individual under § 28-9-214 but who is not the other individual's ascendant or descendant. (3) (A) "Descendant" means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals. (B) "Descendant" includes an adopted child and his or her descendants. (4) "Determination of value" means a court order determining the fair market value of heirs property under § 18-60-1006 or § 18-60-1010 or adopting the valuation of the property agreed to by all cotenants. (5) "Heirs property" means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action: (A) there is no agreement in a record binding all the cotenants which governs the partition of the property; (B) one or more of the cotenants acquired title from a relative, whether living or deceased; and (C) any of the following applies: (i) 20 percent or more of the interests are held by cotenants who are relatives; (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) 20 percent or more of the cotenants are relatives. (6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 18-60-1010 . (7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels. (8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by marriage or law of this state other than this subchapter. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

In this subchapter:

(1) (A) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) "Ascendant" includes an adoptive parent and his or her ascendants.

(A) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

(B) "Ascendant" includes an adoptive parent and his or her ascendants.

(2) "Collateral" means an individual who is related to another individual under § 28-9-214 but who is not the other individual's ascendant or descendant.

(3) (A) "Descendant" means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals. (B) "Descendant" includes an adopted child and his or her descendants.

(A) "Descendant" means an individual's child, grandchild, and any other, however remotely related to such an individual, who is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals.

(B) "Descendant" includes an adopted child and his or her descendants.

(4) "Determination of value" means a court order determining the fair market value of heirs property under § 18-60-1006 or § 18-60-1010 or adopting the valuation of the property agreed to by all cotenants.
ho is in a direct line of descent from him or her, including lineal descendants and excluding ascendants and collaterals.

(B) "Descendant" includes an adopted child and his or her descendants.

(4) "Determination of value" means a court order determining the fair market value of heirs property under § 18-60-1006 or § 18-60-1010 or adopting the valuation of the property agreed to by all cotenants.

(5) "Heirs property" means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action: (A) there is no agreement in a record binding all the cotenants which governs the partition of the property; (B) one or more of the cotenants acquired title from a relative, whether living or deceased; and (C) any of the following applies: (i) 20 percent or more of the interests are held by cotenants who are relatives; (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) 20 percent or more of the cotenants are relatives.

(A) there is no agreement in a record binding all the cotenants which governs the partition of the property;

(B) one or more of the cotenants acquired title from a relative, whether living or deceased; and

(C) any of the following applies: (i) 20 percent or more of the interests are held by cotenants who are relatives; (ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or (iii) 20 percent or more of the cotenants are relatives.

(i) 20 percent or more of the interests are held by cotenants who are relatives;

(ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

(iii) 20 percent or more of the cotenants are relatives.

(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 18-60-1010 .

(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.

(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by marriage or law of this state other than this subchapter.

Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.

## Nearby sections

- [Ark. Code Ann. § 18-60-1001 Short title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1001.md)
- [Ark. Code Ann. § 18-60-1002 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1002.md)
- [Ark. Code Ann. § 18-60-1003 Applicability - Relation to other law](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1003.md)
- [Ark. Code Ann. § 18-60-1004 Service - Notice by posting](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1004.md)
- [Ark. Code Ann. § 18-60-1005 Commissioners](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1005.md)
- [Ark. Code Ann. § 18-60-1006 Determination of value](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1006.md)
- [Ark. Code Ann. § 18-60-1007 Cotenant buyout](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1007.md)
- [Ark. Code Ann. § 18-60-1008 Partition alternatives](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1008.md)
- [Ark. Code Ann. § 18-60-1009 Considerations for partition in kind](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1009.md)
- [Ark. Code Ann. § 18-60-1010 Open-market sale, sealed bids, or auction](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1010.md)
- [Ark. Code Ann. § 18-60-1011 Report of open-market sale](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1011.md)
- [Ark. Code Ann. § 18-60-1012 Uniformity of application and construction](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1012.md)
- [Ark. Code Ann. § 18-60-1013 Relation to Electronic Signatures in Global and National Commerce Act](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1013.md)
- [Ark. Code Ann. § 18-60-1014 Effective date](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1014.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S10_S18-60-1002. Check the current official text before relying on it. Not legal advice.
