Burbank, CA asked in Probate for California

Q: Father lived in Nevada with no assets to distribute in Nevada so probate was never opened, but he owned land in Arkansas

Can I open probate in Arkansas if it was never opened in Nevada? I have his Will which designates me as executor of all assets. The land is worth less than 25k

Related Topics:
2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Yes, you can. You may even be able to avoid a full probate by a small estate affidavit procedure under the laws of the State of Arkansas. Best to consult with an Arkansas probate attorney for availability, pricing, and other details.

Nina Whitehurst agrees with this answer

Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: I agree with Mr. Berge in that you should contact an attorney in Arkansas. If a small estate procedure is not available, since your father was not domiciled in Arkansas on the date of his death, you should inquire about the ancillary probate rules applicable to a non-domiciliary's ownership of real property in Arkansas.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.