Detailed Answer
Securing and authenticating an original will or codicil in Arkansas requires a structured approach. Key steps include:
1. Conduct a Thorough Search
- Ask the decedent’s family members and close friends for leads.
- Contact attorneys who handled the decedent’s affairs.
- Examine personal files, home safes, and safe deposit boxes.
- Review the decedent’s mail and financial statements for clues.
2. Check with the Circuit Clerk
Under Arkansas law, a testator may deposit the original will with the circuit clerk in the county where the testator resides or where the will is executed. See Ark. Code Ann. § 28-23-104 (link).
3. Verify Authenticity
An authentic will typically contains:
- A proper attestation clause with witness signatures.
- A notarized self-proving affidavit executed at the time of signing. See Ark. Code Ann. § 28-23-103 (link).
- Legible testator signature matching known exemplars.
4. Handle Lost or Destroyed Originals
If you know a will or codicil existed but cannot locate the original, Arkansas allows probate of a lost will when proven by clear and convincing evidence. See Ark. Code Ann. § 28-24-202 (link).
To proceed, gather credible testimony about the will’s contents and proof of custody before loss or destruction.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Helpful Hints
- Keep a checklist of all locations you’ve searched.
- Obtain certified copies of any deposited or filed documents.
- Record witness affidavits promptly while memories are fresh.
- Store original documents in a secure, fireproof location.
- Contact your local circuit clerk early to understand filing requirements.