Disclaimer: This content is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Arkansas, finding out if someone died with a valid will or other estate planning documents requires a step-by-step search of the decedent’s records and public filings. Follow these guidelines:
- Search Personal Records: Begin by reviewing the decedent’s home office or filing cabinet. Look for originals or copies of a Last Will and Testament, trust agreements, durable powers of attorney, or advance health care directives. Check any safe deposit boxes; banks require a court order to open these after death.
- Contact the Decedent’s Attorney: If the decedent worked with an estate planning lawyer, that attorney likely holds the original will or trust documents. Ask family members for the name of any attorney who prepared these documents.
- Check Financial Institutions: Banks and brokerage firms sometimes retain copies of estate planning documents or notes about a trust. Ask each institution whether they have records of a trust agreement or payable-on-death designations.
- Search with the Circuit Court: Under Arkansas Code § 28-22-101, any person in possession of a decedent’s original will must deliver it to the probate division of the circuit court in the county where the decedent resided within ten days after death. You can contact the clerk of the appropriate circuit court probate division to search their probate index for a filed will or estate case.
- Review Public Records: Probate filings become public records. Visit the clerk’s office or use online docket search (where available) to see if an estate was opened. If a will was admitted, the case number and hearing dates should appear in that record.
- Verify Formal Requirements: For a will to be valid, Arkansas law requires the testator to be at least 18 years old, sign the document in the presence of two witnesses, and declare it to be their will. See Arkansas Code § 28-61-101 for formal execution requirements.[§28-61-101]
- Consider Other Planning Documents: Trust agreements are typically private and not filed with the court unless they fund a probate estate. Ask the attorney or trustee for copies. Powers of attorney and advance directives also remain private unless recorded for real estate transactions.
Helpful Hints
- Maintain a checklist of places to search: attorney’s office, home files, safety deposit boxes, and financial institutions.
- Ask immediate family members if they recall any conversations about a will or trust.
- Request certified copies of probate filings if the court indicates a will was filed.
- Engage a probate attorney if you hit dead ends; they can conduct a more thorough search and represent you in court.
- Keep detailed notes of whom you spoke with, dates, and any case numbers or document references.