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The Size of the Estate Determines Probate In Arkansas, the probate process is mandatory for any contested estate, if there are creditors (including a mortgage) and for any estate larger than $100,000. If a person provides written grounds for contest to the court, the will goes through the probate process.
What happens to a deceased person's estate if you do not go to Probate? If you do not go to probate within 5 years of the decedent's death and there was a last will and testament, then you cannot admit the will to probate, and the estate will pass ing to Arkansas Intestacy Laws.
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.
The fee schedule is determined by state law as follows: 10% of the first $1,000. 5% of the next $4,000. 3% of the remaining estate balance.
Here are some of the steps that are involved in the general probate filing process in Arkansas: Step 1: Gather Necessary Documentation. Step 2: Complete Your Probate Petitions. Step 3: Get Witness Signatures on the Proof of Will. Step 4: File Your Documents with the Probate Court.
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.
Arkansas's probate code requires estates to go through probate if the decedent owned property, had minor-aged children, or bequeathed valuable assets to beneficiaries, whether or not they died without a will.
Generally within 1 to 4 weeks, the probate court will issue letters of administration to the personal representative (also known as executor) appointed to administer the estate. This is usually the person designated in the Will.