How to Submit an Original Will to Probate Court in Arkansas When You Live Out of State | Arkansas Estate Planning | FastCounsel
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How to Submit an Original Will to Probate Court in Arkansas When You Live Out of State

Detailed Answer — How to submit an original will to an Arkansas probate court from out of state

This answer explains, in plain language, what you typically must do to submit an original will to an Arkansas probate court when you live outside Arkansas. It assumes you start with no legal knowledge. This is general information and not legal advice. For questions about your specific situation, contact a licensed Arkansas attorney or the clerk of the probate court in the county where the decedent lived.

1. Where to file

File the original will in the probate court of the Arkansas county where the decedent was domiciled (lived) at the time of death, or where the decedent owned real property in Arkansas. The Arkansas statutes that govern probate matters are in Title 28 of the Arkansas Code; you can search Title 28 and related probate provisions on the Arkansas Legislature website: https://www.arkleg.state.ar.us/.

2. Basic documents you will need to submit

  • The original will (do not sign, mark, or otherwise alter it).
  • A certified copy of the death certificate.
  • A petition for probate / application to admit the will to probate. Most county probate clerks provide a local form or will tell you what to include.
  • Contact information for heirs or beneficiaries and any nominated personal representative (executor) named in the will.
  • Filing fee (varies by county) and any required affidavit or verification. Call the county probate clerk to confirm the current fee.

3. Steps to submit the original will from out of state

  1. Call the probate clerk in the appropriate Arkansas county first. Ask for filing instructions and whether the clerk accepts the original will by mail and the exact address and fee schedule.
  2. Prepare a petition to admit the will to probate. The petition generally identifies the deceased, states the date of death, lists heirs and beneficiaries (if known), and asks the court to admit the will and appoint a personal representative. Ask the clerk for any required local form.
  3. Include the original will and a certified copy of the death certificate with the petition.
  4. If you plan to mail the original will, use a secure, trackable method (e.g., certified mail with return receipt or an insured courier service). Keep all tracking/receipt records. Some counties let you hand-deliver through a local attorney as an alternative.
  5. If the will is “self-proved” (it includes a self-proving affidavit signed by the testator and witnesses), the court often admits it without witness testimony. If it is not self-proved, the court may require testimony from witnesses or additional proof of execution; a local attorney can explain how that usually works in the county courthouse.
  6. After filing, the clerk will schedule any required hearing and advise about notice to heirs, beneficiaries, creditors, and publication requirements. Follow the clerk’s instructions carefully.
  7. If the court appoints a personal representative, that person usually must file an oath and may need to post a bond (unless the will waives bond). The court will provide the exact requirements and forms or your attorney can prepare them.

4. How being out of state affects the process

  • Mailing the original will is commonly permitted, but some counties prefer the original brought in by a local attorney or personal representative. Confirm with the clerk first.
  • Many out-of-state filers hire an Arkansas probate attorney to handle filings, appear at hearings, and correspond with the court and other parties. Attorneys can also arrange to deliver the original will safely and represent you at any required hearing.
  • If the personal representative will reside outside Arkansas, the court may require a resident agent or co-representative in Arkansas in certain situations. Ask the clerk or an attorney whether a nonresident personal representative is acceptable for your county and estate size.
  • If the decedent owned property in another state, you may need probate in Arkansas (for property located here) and separate (ancillary) probate where other property is located.

5. Common pitfalls to avoid

  • Do not send the only original will without confirming the court’s receipt procedure and protections. Track the shipment and retain proof of delivery.
  • Do not alter or sign the original will after the testator’s death — that can invalidate it.
  • Failing to notify heirs or creditors on time can create delays or claims against the estate.
  • Assuming all counties follow the same forms and timelines. Local practice differs; always confirm with the clerk or an attorney.

6. When you should hire an Arkansas attorney

Consider hiring an Arkansas probate attorney when:

  • You cannot travel to Arkansas for hearings and the court requires in-person testimony.
  • The will is contested or unclear, or potential heirs may dispute the will.
  • The estate has complex assets (real property in multiple states, business interests, tax issues) or potential creditor claims.
  • You need help drafting a correct petition, preparing notice, or completing statutory forms required by Arkansas law.

7. Useful Arkansas resources

  • Arkansas Legislature (Arkansas Code, Title 28 — probate, wills, and estates): https://www.arkleg.state.ar.us/
  • Arkansas Judiciary (court resources and contact information): https://www.arcourts.gov/
  • Contact the probate clerk in the county where the decedent lived — the county clerk or circuit court clerk typically handles probate filings. County websites or the Arkansas Judiciary site can point you to local court contacts.

Summary checklist (quick)

  1. Identify the correct Arkansas county probate court (decedent’s residence or where real property is located).
  2. Call the probate clerk and confirm filing rules, fees, and whether mailing the original will is allowed.
  3. Gather the original will, certified death certificate, petition to admit will, and any required forms.
  4. Mail the package securely or hire a local attorney to file and represent you.
  5. Follow the clerk’s instructions about notices, hearings, bond, and appointment of personal representative.

Remember: this is general information and not legal advice. Rules and local practices vary. If you need help handling the filing, contacting an Arkansas probate attorney or the local probate clerk is the best next step.

Disclaimer: This article provides general information about Arkansas probate procedure only and does not constitute legal advice. For advice about your specific situation, consult a licensed Arkansas attorney or the appropriate probate court clerk.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.