What is required for validity?

A valid declaration includes truthful factual statements signed under penalty of perjury, accurate identification of parties, and any local notary or witness acknowledgements required by the court or statute.

Who may sign the declaration?

A signer should be an individual with direct knowledge of the facts asserted: a personal representative, heir, or other witness. Capacity and standing rules remain governed by local probate statutes and court practice.

Can the declaration be signed electronically?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where applicable, but confirm the local court accepts e-signatures and whether a remote notary or in-person execution is required.

Is notarization always necessary?

Notarization depends on local rules and the court’s acceptance criteria. Some counties accept unsworn declarations; others require a jurat or acknowledgement. Always verify county probate requirements before filing.

How do I correct a filed declaration?

To correct substantive errors, prepare an amended declaration or supplemental affidavit, clearly reference the original filing, and follow the court’s procedure for supplementing the record.

How long must I keep records?

Retain executed declarations and supporting exhibits for the estate lifecycle plus recommended retention periods (IRS three years, HIPAA six years) and any longer state-specific periods.

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Declaration Under Probate Code Section 13101

Declaration Under Probate Code Section 13101

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BOND OF PERSONAL REPRESENTATIVE

OFFICIAL PROBATE FORM 6 PROBATE CODE, SEC. 83

This Form Has Been Officially Prescribed by the Supreme Court of Arkansas for Use Under the Probate Code, Act 140 of the 1949 Acts of Arkansas

IN THE PROBATE COURT OF COUNTY, ARKANSAS

DISTRICT

IN THE MATTER OF THE ESTATE OF

deceased No.

BOND OF PERSONAL REPRESENTATIVE

The undersigned, ,

as principal, having been appointed execut
administrat of the will of

of the estate of deceased, and

as surer

acknowledge themselves to be jointly and severally obligated to the State of Arkansas, for the use and benefit of

all persons interested in the estate, in the penal sum of

DOLLARS ($ .)

conditioned as follows:

If the undersigned execut
administrat shall well and faithfully account for his administration of

the estate, as required by law, this bond shall become void. Otherwise, this bond will remain in full force and effect.

Dated this day of

as Principal.

as Surety

Approved this day of Clerk.

By Deputy Clerk.

Approved this day of Judge.

What the Declaration Under Probate Code Section 13101 Is

The Declaration Under Probate Code Section 13101 is a sworn written statement used in probate proceedings to assert facts relevant to estate administration. It documents the declarant's knowledge of the decedent, assets, heirs, or other material circumstances the statute requires. Courts and clerks use this declaration to evaluate petitions, support summary administration steps, or verify noncontroversial facts without full formal testimony.

Why this Declaration Matters in Probate Workflows

This declaration streamlines routine probate tasks by providing a concise, sworn record of necessary facts, reducing the need for live testimony in uncontested matters and helping clerks and judges confirm statutory requirements efficiently.

Who Typically Prepares and Relies on This Declaration

Professionals and private parties use this declaration when a clear, sworn factual statement can resolve or simplify a probate administrative step.

Estate attorneys and trust lawyers who prepare declarations to support petitions and convey factual assertions to the court.
Personal representatives, executors, and heirs who supply firsthand facts or attest to the absence of disputes.
County clerks and probate judges who use the declaration to confirm statutory prerequisites before granting relief.

Primary Signers and Roles

Personal Representative

An appointed executor or administrator who signs to confirm estate facts and actions. The declaration supports petitions and may speed clerk review when facts are straightforward and undisputed.

Affiant / Witness

A person with direct knowledge who attests under penalty of perjury. The affiant must provide accurate contact and identity information to support the court record and potential verification.

Core Parts of a Professional Declaration

A properly drafted declaration includes specific factual sections, a clear signature block, and any authentication elements the court expects to accept the statement without supplementary evidence.

Caption

Court name, case number, and caption identifying the decedent and estate. This ensures the declaration is correctly associated with the probate file and prevents misfiling.

Declarant Identity

Full legal name, relationship to decedent, and contact details. Accurate identity prevents later disputes over standing or authorship of the sworn statement.

Factual Statements

Numbered paragraphs that clearly state facts under penalty of perjury. Each paragraph should be concise, limited to a single assertion, and avoid legal argument.

Exhibits

References to attached documents (death certificate, property records) identified by exhibit letter or number. Exhibits must be labeled and referenced precisely in the text.

Signature Block

Declarant signature, printed name, date, and place of signing. If required, indicate whether a notary or witness was present and include their acknowledgement phrasing.

Notarial Clause

If notarization is required, include the state-specific notary acknowledgement or jurat language. Retain original notarized pages for the court file.

Step-by-Step: Completing the Declaration

Follow a simple sequence to prepare and submit a valid declaration that the probate clerk and judge can rely on.

01

Draft Facts: Write short, numbered factual paragraphs only.
02

Attach Exhibits: Label and include referenced documents.
03

Sign and Notarize: Sign; obtain notary or witness if required.
04

File with Court: Submit per local rules and retain a certified copy.

Configuring an Online Filing Workflow

Set up a digital workflow that matches court filing and notarization requirements before sending the declaration to signers.

Field	Configuration
Signature Field	Require signer signature and date
Attachment Field	Make exhibits required uploads
Authentication	Use email or SMS code
Notary Step	Include RON or in-person step

Typical Online Signing Sequence

A compliant e-signature workflow follows distinct stages from upload through archive to ensure evidence of execution and retention.

Upload: Sender uploads declaration and exhibits
Place Fields: Add signature, date, and attachment fields
Authenticate: Signer verifies identity per method
Complete: System captures audit trail and stores

Technical and Compliance Considerations for eSubmission

Confirm platform features and security meet court and statutory expectations before e-signing or e-filing.

Document Formats: PDF or DOCX accepted
Authentication: Email, SMS, or stronger
Audit Trail: Timestamps, IP, and history

Filing Timing and Typical Processing Expectations

Timing depends on county practice and whether the filing is routine or contested; plan for clerk review and potential supplement requests.

Immediate Filing:

File when declaration accompanies a petition

Clerk Review:

Clerks typically review within days to weeks

Supplement Requests:

Clerk may request clarification or exhibits

Hearing Scheduling:

Court may schedule hearing if issues arise

Processing Delays:

Contested matters extend timelines significantly

Recommended Security and Authentication Elements

Encryption: AES-256 at rest

Transport: TLS 1.2/1.3 in transit

Audit Trail: Timestamped signature events

Access Controls: Role-based permissions

Compliance: ESIGN and UETA aligned

BAA Availability: HIPAA BAA required

Consequences of an Incorrect or Incomplete Declaration

Filing Rejection: Clerk may refuse to file

Probate Delay: Proceedings and distributions delayed

Perjury Exposure: Potential criminal liability for false statements

Civil Liability: Estate claims or malpractice risk

Additional Costs: Extra attorney fees and court costs

Corrective Filings: Supplemental affidavits or amended declarations

Common Pitfalls to Avoid When Preparing the Declaration

Ambiguous language that mixes opinion with fact can cause the court to request clarifying evidence or deposition testimony.
Omitting exhibit references or failing to attach required documents leads clerks to treat the filing as incomplete.
Using informal name variants instead of legal names creates mismatches with public records and slows processing.
Skipping notarization or witness steps where required by local rules risks rejection or later challenges to authenticity.

eSignature Vendor Comparison Relevant to Probate Declarations

Basic plan pricing and compliance features affect whether a platform can support notarization, HIPAA needs, bulk workflows, or large-volume signing for estate practices.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Premium)	Varies by plan	Varies by plan	Yes	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Real-World Use Examples for the Declaration

These sample scenarios illustrate how the declaration expedites routine probate tasks and where additional steps are commonly required.

Estate Closing for Small Estate

An executor prepares a concise declaration asserting assets and heirs.

The court accepts it without a hearing when uncontested.
The streamlined filing reduces clerk follow-up and shortens the administrative closing timeline when exhibits clearly support each factual statement.

Bank Release of Funds

A bank requires a sworn declaration to release account balances to a representative.

The declarant provides account statements as exhibits.
When properly notarized and authenticated, the bank uses the declaration in lieu of in-person signatures to disburse funds to the estate.

Practical Tips to Reduce Rework and Court Questions

Adopt consistent formatting, attach clear exhibits, and confirm local clerk preferences to reduce requests for supplemental filings.

Use Numbered Paragraphs

Number each factual assertion; keep each paragraph to a single fact to simplify references.

Attach Labeled Exhibits

Label exhibits (Exhibit A, B) and reference them precisely in the declaration text.

Confirm Local Rules

Check county probate checklists for notarization, filing methods, and required cover sheets.

Retain Originals

Keep a certified copy of notarized pages and the filed stamped copy for records and audits.

Frequently Asked Questions About the Declaration

Answers to common procedural and technical questions help avoid filing delays and potential legal exposure when preparing the declaration.

Need help? Contact support

What is required for validity?
A valid declaration includes truthful factual statements signed under penalty of perjury, accurate identification of parties, and any local notary or witness acknowledgements required by the court or statute.
Who may sign the declaration?
A signer should be an individual with direct knowledge of the facts asserted: a personal representative, heir, or other witness. Capacity and standing rules remain governed by local probate statutes and court practice.
Can the declaration be signed electronically?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where applicable, but confirm the local court accepts e-signatures and whether a remote notary or in-person execution is required.
Is notarization always necessary?
Notarization depends on local rules and the court’s acceptance criteria. Some counties accept unsworn declarations; others require a jurat or acknowledgement. Always verify county probate requirements before filing.
How do I correct a filed declaration?
To correct substantive errors, prepare an amended declaration or supplemental affidavit, clearly reference the original filing, and follow the court’s procedure for supplementing the record.
How long must I keep records?
Retain executed declarations and supporting exhibits for the estate lifecycle plus recommended retention periods (IRS three years, HIPAA six years) and any longer state-specific periods.

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