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If any of these conditions apply, an estate might be able to avoid probate: Total estate value is less than $100,000 (and all debts, claims and any judgments have been paid) No Personal Representative has already been appointed. There is no petition for an appointment that is pending.
In Arkansas, an estate with property valued at more than $100,000 must go through the probate process. If it is worse less than $100,000 then can go through the small estate process so long as you meet all the requirements above.
Knowing where the decedent's domicile (where the decedent had his or her primary residence) was at date of death is key when figuring out where you must probate the assets and what state you must pay taxes to (although real estate is subject to state estate or inheritance tax, if any, in the state in which it's located ...
To use the small estate process: Arrange for any estate debts to be paid. Submit an Affidavit for Collection of Small Estate by Distributee to the court (attach a copy of the death certificate and the will if any) The court will certify your affidavit, which you can then use to obtain possession of estate assets.
An Arkansas small estate affidavit is used to collect the personal property of a person who died in situations where the person had an estate valued at less than $100,000. It cannot be filed until 45 days have elapsed since the death of the decedent.
This allows for a successor in interest to obtain the decedent's property of a small estate without having to go through a court proceeding.
The signature of the person signing the affidavit of heirship must be notarized. List all of the heirs at the time of the decedent's death. For example list the spouse and all children. If any of these persons are now deceased please label the person as ?deceased.?
These conditions include: the total value of the estate is less than $100,000 and claims (debts or judgments) against the estate have been paid?there are other exclusions and exemptions from this amount, such as the homestead exemption and spouse and child allowances.