HOW DOES PROBATE WORK IN ARKANSAS?

If you are planning your estate in Arkansas, you likely have questions about whether your family members will eventually need to manage the probate process. In Arkansas, a probate administration or a small estate affidavit is required when an asset is titled in a decedent’s name without a joint owner or a designated beneficiary.

Learn more about the probate process so you can plan accordingly when developing your will or trust and other important estate documents. 

Opening probate 

When a person dies, his or her family members or another interested party must petition the appropriate circuit court to admit the will into probate, if there is a will. In addition, the family can ask the judge to appoint a personal representative, executor or administrator. You can also designate this person who will manage the administration of your estate in your will. It can be a trusted friend or family member or an attorney with experience in the probate process.

Accounting for estate property 

The petition to admit a will to probate or to appoint a personal representative must list all known heirs along with their ages, addresses and relationships to the deceased person. The petition should also identify all personal and real property included in the person’s estate as well as the estimated value. The original will must be filed.

Administering the estate 

When the court gives the executor permission to wrap up the deceased person’s estate, he or she must provide notice to all heirs, creditors, and distributees under the will. The executor has court approval to gather, inventory and seek appraisal for the estate property. He or she can also legally pay taxes and debts. After doing so, the administrator will distribute the remaining property to the beneficiaries as designated in the person’s will or to the heirs.