Detailed Answer
When a person dies in Arkansas leaving a will, the original document—or a court-filed copy—must be submitted to the probate court in the county where they lived. Properly locating and filing the will ensures the estate administration proceeds legally and efficiently.
1. Locating the Original Will
Testators often keep their wills in a safe deposit box, at home, or with an attorney. Immediately after death, search these locations. If the will was previously filed with the circuit clerk under a voluntary deposit, request a certified copy from that clerk’s office.
2. Filing Deadline and Statute
Under Ark. Code Ann. § 28-42-107, the personal representative must submit the original will—or certified copy—to the clerk of the circuit court within ten (10) days after letters testamentary are issued. Failure to comply may delay probate and expose the representative to court sanctions. Ark. Code Ann. § 28-42-107
3. Preparing Your Submission
Gather the following:
- Original will (or certified court-filed copy).
- Death certificate of the decedent.
- Letters testamentary or administration issued by the court.
- Probate filing fee (varies by county).
Bring these documents to the circuit clerk’s probate office. The clerk will date-stamp the will, open it under seal, and docket it as part of the estate file.
4. After Filing: Custody and Copies
Once filed, the clerk retains the original in the estate’s court file. You may request certified copies of the will or letters to transfer assets such as real estate or bank accounts. Ark. Code Ann. § 28-42-110 governs issuance of certified copies. Ark. Code Ann. § 28-42-110
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified Arkansas probate attorney for guidance specific to your situation.
Helpful Hints
- Locate the will before petitioning for probate to avoid delays.
- Verify the will is the most recent, unsigned drafts are not acceptable.
- Confirm filing deadlines under Ark. Code Ann. § 28-42-107 to prevent sanctions.
- Keep certified copies of all documents once filed.
- Consider hiring a probate attorney to navigate complex estates.