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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.
Estate administration is the overall process of managing and distributing the assets of a deceased person. In Arkansas, probate is typically required when a person dies with assets that are not jointly held or are not otherwise transferred through a non-probate means such as a trust or beneficiary designation.
If you don't have a Will, the default order of descent goes like this: (1) full blood and adopted children of the decedent, subject to any dower, curtesy, and homestead interest of a spouse; (2) if no full blood or adopted children, then everything to a spouse of greater than three years or half of everything plus ...
How to Settle a Large Estate in Arkansas Step 1: Appoint a Personal Representative. ... Step 2: Petition the Probate Court. ... Step 3: Notify Named Heirs & Creditors. ... Step 4: Inventory & Appraise the Estate's Assets. ... Step 5: Handle the Property Sale. ... Step 6: Final Accounting. ... Step 7: Final Distribution & Estate Closing.
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.
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.
Small Estate Administration. Small Estate laws were enacted in Arkansas in order to allow heirs to receive the property that the deceased wanted them to have without the long process of probate. In Arkansas, you may be able to avoid the probate process or at least shorten the process if certain conditions are met.
Even if there is a valid Last Will and Testament you must go through probate court. Arkansas Code Ann 28-40-104 states, ?No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate.?