Lawyers, Answer Questions  & Get Points Log In
Arkansas Probate Questions & Answers
0 Answers | Asked in Probate for Arkansas on
Q: My father does not want to leave anything to my two brothers when he passes. I am co-owner on all of his bank accounts.

I also have a transfer on death deed for his house. If my brothers take me to court, could they force me to liquidate and split 3 ways?

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: How does the court appointed administrator for an estate get paid? Does it come out of estate money?

I am the general administrator but the judge is hiring an estate administrator. Does the appointed lawyer get paid by the state or the decedent's estate?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

In Arkansas, when a court appoints an estate administrator, typically a lawyer, their compensation is usually paid out of the estate's funds. This means that the payment for their services comes from the assets within the deceased's estate, not from the state.

The amount an...
View More

0 Answers | Asked in Family Law, Banking and Probate for Arkansas on
Q: As the wife of my recently deceased husband, will the bank give me any information about his checking account and CD's

This bank is in Arkansas. Do I have a right to know any of this information or will I have to wait until it goes through probate? My step sons have been handling his affairs so far neither one of them was on his account either

1 Answer | Asked in Probate for Arkansas on
Q: In AR, can a will be contested in ancillary proceedings if the decedent owns property in AR, but resided in other state?

The decedent owned property in Arkansas, but was a resident of CA and died in CA. Can the will be contested in ancillary court proceedings in AR?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

No.. The will contest always has to be at the Probate Court that accepted the document as the Will, in this case CA.

1 Answer | Asked in Probate for Arkansas on
Q: A probate case was opened in 2019 and there was a creditor claim made agains the estate the lien expired Jan 2021

We are now working to settle. Since 10 years has now passed on the Judgment and it has not been renewed can they still collect even though it is expired ? Or does them making a timely claim overrule?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

Making the timely claim should perfect their lien and estate claim. However you can object to the claim on the SOL ground, and it is up to the claimant to convince the Court otherwise. You will need an AR attorney to argue the contested claim.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Arkansas. My mother signed a beneficiary deed but we couldn't get it notorized and filed due to it being the weekend.

She did not have a will. can this be used as a will.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

It is doubtful the so called beneficiary deed has the language and execution requirements of an AR Will. Consult with an AR attorney, but Mother's heirs probably take real property as tenants in common if more than one.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: AR probate, zillow claims house is 126000 which is over the small estate limit. Can an appraiser claim its less

My mother passed with a beneficiary deed that wasn't filled. Her house was intended to go to me. theres no exexcutor, i am acting on her behalf. zillow states the value is 126,000. can an appraiser be used to devalue the house below the 100,000 limit of Arkansas small estate probate limits to... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Administrator can value Estate assets. An appraiser's value is just his opinion. If the Probate Judge does not like it, he will let him know, and then regular Probate will be required.

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: An acquaintance passed away back in December with no heirs. Can anyone purchase his house and truck from the state?

Home grown up and really not livable, brand new truck still on drive. Is truck up for sale with property and who do I talk to about purchasing it all

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

What does the State have to do with it? Search the title and start asking around about who his heirs and next of kin is. They are the owners at his death unless he had a probated Will.

View More Answers

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: What needs to be done to get clear title to property with defective deed.

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023

A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed... View More

1 Answer | Asked in Probate for Arkansas on
Q: Can you get a letter of or appointment of representation without filing probate?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

Letters of Administration do not issue until a Probate Case is filed.

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My friend's mother died without a will. She is an only child. What does she need to do to have the deed put in her name?

My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.

Ryan Zapalac
PREMIUM
Ryan Zapalac
answered on May 23, 2023

Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Deceased dad's & his girlfriend's names are on a deed to property they bought together 3 years before he passed. No will

Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: In Arkansas, what is the easiest and cheapest legal way to get a person off a deed who’s not supposed to be on the deed?

I live in Michigan.

In Arkansas, my brother and I inherited land from my deceased father. Using a lawyer, he had purchased land from relatives using quit claim deeds.

However, to save money, he used a Bill of Sale to purchase land from one relative. This relative is still... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2023

Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My dad passed away without a will,not married ,and I'm the only child his girlfriend will not give me his things?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2023

What did your Father die owning? You are probably the Heir and Next of Kin, but if there is little property, then Administrating his Estate with Letters is a waste of time. If there is property, hire a competent AZ attorney to represent you.

1 Answer | Asked in Probate for Arkansas on
Q: I need to know if I can file for a change of venue on a Arkansas probate case
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2023

Probably not unless you can show the Court that it lacks subject matter jurisdiction in the first place. An ancillary administration might be needed.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Mom passed away 2019.I bought & occupied home from her & took over mtg pmts 2006.Never transferred ownership.What to do?

My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2023

Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.

1 Answer | Asked in Probate for Arkansas on
Q: What happens to an estate if will isn't probated within the time allotted.
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2022

Decedent's Assets are owned by his Heirs At Law (real property) and Next Of Kin (personal property). Probably need an AR attorney to search the title and advise who owns what.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: What inheritance rights does one have if your civil partner dies.

Person lived with partner for 14 years but never married.

Donna Branch
Donna Branch
answered on Aug 15, 2022

More details would be needed because this is not a clear cut answer. I can say Arkansas does not recognize common law marriage. However, I wouldn't give up just yet. It depends on when the property was acquired (during the 14 years or after). Did your partner have a will? Do your partner have... View More

1 Answer | Asked in Probate for Arkansas on
Q: I have had a separate maintenance agreement with my husband since 2007. When he dies what are my responsibilities?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2022

If he dies with you still being his spouse, then you are a Heir and Next of Kin. No responsibilities, just rights as the surviving spouse.

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.