Asked in Estate Planning, Probate and Real Estate Law for Arkansas

Q: How to transfer land title ownership when owner passed 30 yrs prior without will and no probate in Arkansas

Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and at least an acre of land dedicated to fruit orchard. Plus he kept property taxes paid. Fast forward he has now past away in 2014. In late 2014 my daughter filed and was approved via probate to be administrator of my grandmothers estate. What I want to know is how do we go about getting land title transferred out of grandmas name into either my daughters or into a trust? Since there is no will, no probate and it has been almost 30 yrs since she past. Do we still probate in ar?

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.

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