Q: Is there a time limit in Arkansas for filing for probate after a person dies and if so, what?
My step-mother died 11 years ago and I am now being asked to file her will so that a probate process can be initiated. This sounds "iffy" to me.
A: In Arkansas you have five years from the date of death of the decedent to Open a probate estate for the deceased individual and to file their will for probate. After the five year deadline has expired, You can no longer file the will for a regular probate proceeding. After the expiration of the five years, a completely different type of probate proceeding must be filed called a determination of heirship. While there is certainly no requirement under Arkansas law that you have an attorney represent you in this process, I would strongly advise that you retain the services of an attorney that is familiar and competent in this area of probate law.
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