Smith v. Smith

Donald L. Corbin, Justice.

This case involves the probate court’s jurisdiction to determine ownership of funds held in a joint bank account as between the administrator of the decedent’s estate and the widow and son of one of the decedent’s heirs. The appeal was certified to us from the Arkansas Court of Appeals as presenting issues requiring further development and clarification of probate law. Our jurisdiction is thus pursuant to Ark. Sup. Ct. R. 1-2(b)(5). We conclude that the probate court lacked jurisdiction to decide the matter, and we reverse.

Mary K. Smith died intestate on July 23,…