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Arkansas Probate Questions & Answers
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Arkansas on
Q: My grandmother died and I’m the only grandchild her husband is selling the house I haven’t received anything

She worked for the state for 30 years plus and had a diamond account and the shared a home with him me she always told me she had a inheritance for me but she died unexpectedly with out a will

Dustin A. Duke
Dustin A. Duke answered on Jul 23, 2020

First, I am sorry for your loss. I am assuming that your grandmother passed away in Arkansas and that Arkansas laws apply to your situation. If your grandmother died without a will any property that is included in her probate estate would be divided between her surviving spouse (assuming that... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Can we use "small estate" probate after my mother died without a will?

My divorced mother died intestate, and my sister and I are her only heirs.

We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... Read more »

Dustin A. Duke
Dustin A. Duke answered on Jul 10, 2020

If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... Read more »

1 Answer | Asked in Probate for Arkansas on
Q: I am a home health aid to a client who is living on her deceased grandfather's land that is in probate.

She is supposed to be on the will. Can other members of the family go to court without notifying my client?

Don Spears
Don Spears answered on Jun 29, 2020

Every beneficiary in a will must be notified.

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: I am a beneficiary having issues with personal representative, should I contact his attorney or get a attorney myself?

My brother was a resident and died in Arkansas in 2014, leaving no known will. No wife or children. 3 siblings and one was appointed personal representative.He lives and works in Arkansas and bond was also waived. Have never been provided any documentation of estate, real estate property has been... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 29, 2020

You definitely need your own attorney. The other attorney does NOT represent you.

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1 Answer | Asked in Probate for Arkansas on
Q: fiancé passed away, we lived together but the house is in my name is any of his belongings inside my home up for probate
Nina Whitehurst
Nina Whitehurst answered on Jun 20, 2020

Anything your fiancé owned wherever located is part of his probate estate. Some assets bypass the probate estate such as assets held in joint tenancy with another person with right of survivorship and assets with designated death beneficiaries. It would not have been possible for him to designate... Read more »

3 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: What is probate,

Yes was left a home in a Will but having trouble getting deed what do I need to do and don't know what probate is

Stewart Whaley
Stewart Whaley answered on Jun 16, 2020

Probate is a court process that allows property to transfer to an heir or beneficiary after someone dies. A deed to land can be issued by the personal representative during the probate process. If you would like to talk about your case to determine whether probate is needed in your situation,... Read more »

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1 Answer | Asked in Probate for Arkansas on
Q: Step dad died in AK I'm the executrix and beneficiary. He has 3 biological kids. What happens?

He died in AK. The will was drawn in PA, where I live. I know his kids have to be served. I was told if they contest I would most likely get nothing. I have 3 options, let the house rot, serve them and take my chances or serve them and offer a deal up front! I cant believe I would be entailed to... Read more »

Don Spears
Don Spears answered on May 21, 2020

There are several questions that have to explored. When did he die? What were the terms of the will? (I would need to see the document). Without this information your question can not be answered.

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Arkansas on
Q: Discovered my brother talked my mom into putting her home their name 3 yrs, she has passed. He believes it’s all his?

He believes he gets all, Home, Tools, all antiques. He hasn’t even called to discuss if there is even a will. There are 3 in all to inherit the property. Total of it all land is valued at $250k tools and antiques probably if sold in auction another $175. I have not lived near them in years but... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 15, 2020

If you can prove that your mom lacked the mental capacity to sign a deed when she signed it or that she had been subjected to undue influence, you might be able to convince a court to void the deed. You will need a fiduciary litigation attorney to help you.

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1 Answer | Asked in Probate for Arkansas on
Q: Can I remove my processions from my dads property before probate starts.
Paul Dumas
Paul Dumas answered on Apr 25, 2020

It depends. If you have documentation showing proof of ownership, and if you are confident an Arkansas probate judge would rule that you own the items. But be absolutely certain you can prove not only your ownership, but that you owned the property prior to the decedent’s death, and that no... Read more »

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...
Read more »

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... 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),... 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... 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...
Read more »

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... 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...
Read more »

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...
Read more »

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...
Read more »

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