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Arkansas Probate Questions & Answers
1 Answer | Asked in Probate for Arkansas on
Q: Why would it take months for probate to b over?deceased had filed bankruptcy
William J Changose
William J Changose answered on Feb 9, 2020

Hello,

Generally settling an estate takes at least six months. Mostly it takes this long, even if not much else is happening, because anyone who has a claim against the estate has six months to make a claim, after which all claims are barred.

You will probably want to talk with...
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1 Answer | Asked in Probate for Arkansas on
Q: My husband died he lived in Co. We had been separated for 30 yrs but never devorced also have 3 children together. His

His girlfriend had a daughter with him and claimed she was his wife. They actually got married and now there's bigomy. I contacted the funeral home and informed them that she was not legally married to him and gave them info where to verify this and they did, so they changed the death certificate... Read more »

William J Changose
William J Changose answered on Feb 9, 2020

Hello,

Sorry you're having such a hard time. In Arkansas you have five years after a person dies to settle the estate.

You should contact a lawyer because you have described a couple issues that will need to be taken care of with precision.

Good luck!

1 Answer | Asked in Probate for Arkansas on
Q: My father & mother owned our family home. My father remarried after my mother’s death. Dad has told me and my cousin on

Separate occasions that I would inherit the house and that he had a will. He also said he wanted my stepmother to live there until she dies. My dad passed away November 8, 2019. Now my stepmother says she can’t find the will. What should I do? Should I open probate or wait for her to die before I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

Wills do tend to "disappear" when the person in possession of it doesn't like what it says, but the person in possession does have a legal obligation to turn it over to the probate court. If you have ANY evidence that there was a will (a copy, someone who witnessed it being signed), you can... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: How long are they allowed to keep probate open ?
Brandon M Haubert
Brandon M Haubert answered on Jan 19, 2020

There is no time limit to close a probate. However, if the personal representative is not doing what they are supposed to (managing the assets, filing an inventory, filling accounting, etc) then you can file to have those things done and possibly;ly to have the personal representative removed.

1 Answer | Asked in Probate for Arkansas on
Q: My mother died in October 2018. We had a joint checking account with Right of S. Does it go through probate?

We are in probate. My niece is fighting my mom's will and accusing me of hiding my mom's money. This is an account that is for business purposes only, no checks. It is a Reserve Account with a hold on the funds from the bank to pay our monthly mortgage. I don't have access to the account; only... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 12, 2020

There is a very, very strong presumption that a bank account that is titled as joint tenants with right of survivorship goes to the survivor upon the death of the other account holder, and the bank can safely turn over the funds to the survivor without requiring probate.

However, if someone...
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1 Answer | Asked in Probate for Arkansas on
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.

Paul Dumas
Paul Dumas answered on Dec 20, 2019

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... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: My Aunt died 13 years ago and her brother, my uncle, whom she was the court appointed guardian of died 11 years ago.

The Arkansas lawyer appointed as my aunt's executor upon her death has NOT closed either of their estates. They were simple cases, with simple wills, with minimal moneys and little property involved. The wills were followed per each of my Aunt and Uncle's wishes. The Arkansas lawyer fails to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 9, 2019

File a complaint with the State Bar of Arkansas.

2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Arkansas on
Q: My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?

Vincent Gallo
Vincent Gallo answered on Oct 30, 2019

Only he can convey out his interest in the real estate.

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1 Answer | Asked in Estate Planning, Real Estate Law, Collections and Probate for Arkansas on
Q: How do I pay my deceased mom's debts?

My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.

Brandon M Haubert
Brandon M Haubert answered on Aug 28, 2019

You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.

You should speak to a lawyer about the debts owed and...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: If your are married and both spouses own everything and one dies does everything automatically go to the other spouse if

If that what they wanted but don’t have a will

Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

It depends on whether the deceased spouse had any children. It also depends on how each piece of property is titled. Real estate may be titled such that it passes automatically to the survivor. Bank accounts may have payable on death beneficiaries.

You probably need to consult with an...
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1 Answer | Asked in Probate for Arkansas on
Q: My grandmother passed away in February of this year, my family is not close (2 uncles, 1 aunt, then my mom)

My aunts in charge of distributing in will (she lives out of state) , it got out probate in August. I haven’t heard anything since then. Do I need to hire a lawyer? I’ve already been told my name is in the will, haven’t been told anything else. I don’t really know much about this stuff... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 12, 2019

You can walk into the probate court and ask to see the file. In there you will see the will, which you can read. You can also read up on what happened in the case. Look for the final order of distribution, which states who got what.

If the court is too far away, you can hire a local...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Keep it out of probate?

If mom was to put my name on her property and she has no will, will this keep my siblings from going and filing a probate on the property if she passes. My siblings want to section up her land and I'm trying to keep that from happening.

Patrick R. Lee
Patrick R. Lee answered on Jul 26, 2019

Your mother can do whatever SHE wants to do with her property before her death. If that means she wants to deed it to you, she can. I don't know anything about your mother, but if she no longer has the capacity to make a will and could be considered "incapacitated" (she doesn't understand the... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My father died recently, and my stepmom is not cooperating with our wishes. No will. Who decides how property is split?

We understand and agree that she can stay in the house that my father owned until she decides to leave or passes away, and then the property goes into my brother's name. We tried to do this with her as a family, but she is not allowing us take any of our father's property- even though we are... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 22, 2019

Under the law in Arkansas, she would be entitled to a life estate in a third of the real property, and one third of the personal property. She does not have a right to all of it. To sort this out, you'll have to file a petition for probate, where someone will be appointed personal representative... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: My father passd away in February. I am the executor of his will. Would I be able to sell his home as the executor?

His will state that the money from the sale of the home go into a trust for 3 of his granddaughters. As the executor of his will and the executor of the trust could I sell his home and put the money into the trust, or would I need to get the home put into my name in order to sell it?

Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

You need to file a probate action to be able to distribute his property according to the will. Being named executor in the will means nothing until a court admits the will to probate and appoints you as executor. Then you can file something to sell the house and put the proceeds into a trust for... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: My brother passed in February and probate ended in November 2018

Can creditors still submit claims after the end probate date? No will and property owned was less than 40,000.00 probably less than that amount.

Ben F Meek III
Ben F Meek III answered on Dec 17, 2018

There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can I settle an estate only using the small estate affidavit or do I need to get a new EIN and open an estate account?

The deceased resided in Arkansas

Brandon M Haubert
Brandon M Haubert answered on Oct 16, 2018

If the estate qualifies as a small estate, then you can settle without opening an estate account. Under the small estate statute items should be delivered to the affiant and the affaint is liable as a trustee to the other heirs and devisees. It also is a practical problem of dealing with banks and... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: Can't get my car registration changed over due to my uncle not paying HIS lawyer. Probate is final through the court.

My uncle hired a lawyer on his own to appoint himself administrator of parents estate. My mom and aunt then hired a lawyer to petition against him. Judge appointed a unbiased administrator who just happens to be prosecuting attorney for county. The probate was final in court. The estate paid the... Read more »

Don Spears
Don Spears answered on Aug 30, 2018

Most states have what they call an affidavit of heir ship that you can fill out showing you as the heir. I am assuming that your uncle gave you the car by will?

1 Answer | Asked in Probate for Arkansas on
Q: My father died august 10. I am the executor and the only beneficiary of the will. He has 4 small lots. Does probate have
Don Spears
Don Spears answered on Aug 28, 2018

If you are the sole heir and only child you may be able to do an Affidavit of Small Estate.

1 Answer | Asked in Probate for Arkansas on
Q: Can an executor get paid by the estate that is in probate in arkansas ?
Brandon M Haubert
Brandon M Haubert answered on May 21, 2018

Yes.

1 Answer | Asked in Probate for Arkansas on
Q: My husband died last month. Do you have to file a will for probate?

We only have a house which we still owe for.

Don Spears
Don Spears answered on Mar 22, 2018

If you and your husband were both named on the deed to the property, as his surviving spouse, the land is yours. If you were not, you should see an attorney who can advise you on how to go about getting title to the real estate.

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