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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.?
Some of these costs are fixed by state law, some will vary. But, in general, you can expect probate to cost about 5% to 10% of the GROSS estate. Your gross estate is the value of everything you own without subtracting debts.
Statute of Limitations A will must be submitted to the probate court within 5 years of the decedent's death. An administration must also be granted within 5 years of the decedent's death. Ark. Code Ann.
How to File a Petition for Probate 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 Probate has not been opened, then you cannot file a claim against an estate? Next, you need to fill out the claim form and file it with the County Clerk. You can find the form to claim at The Official Arkansas Probate Forms (Form 18). After the caption, you will type in the rest of the form, date, and sign it.
The probate process at the minimum takes approximately six to nine months to complete. If there are unique assets that require special attention, the process may take longer. The process can also be delayed due to unexpected problems that may arise. However, the process should not take more than 18 months.