Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
In Arkansas, probate is the court-supervised process of administering a decedent’s assets and debts. An interested party—such as a named executor, heir, or creditor—can initiate probate by following these steps:
- Determine the Need for Probate: Probate is generally required if the decedent owned assets solely in their name, such as real estate, bank accounts, or personal property. Small estates under $100,000 may qualify for simplified procedures under Ark. Code Ann. § 28-41-102 (Small Estate Affidavit).
- Identify the Proper Court and Venue: Probate matters are handled by the Circuit Court in the county where the decedent resided at death. If the decedent owned real property in another county, ancillary probate may be required there (Ark. Code Ann. § 28-42-202).
- Prepare and File the Petition: File a Petition for Letters Testamentary (if there’s a will) or Letters of Administration (if no will) with the Circuit Clerk. Include:
- Certified death certificate
- Original will, if any
- List of heirs or beneficiaries
- Estimated value of assets and debts
This step is governed by Ark. Code Ann. § 28-42-101 (Ark. Code Ann. § 28-42-101).
- Provide Notice to Interested Parties: After filing, the petitioner must notify heirs, beneficiaries, and known creditors. Notice requirements vary by relationship and are set out in Ark. Code Ann. § 28-42-105.
- Attend the Probate Hearing: The court will schedule a hearing, typically within 30 days of filing. The petitioner should appear with proof of service on all required parties.
- Appointment of Personal Representative: If the court approves the petition, it issues Letters Testamentary or Letters of Administration. The personal representative (executor or administrator) gains authority to:
- Collect and safeguard assets
- Pay valid debts and taxes
- Distribute remaining assets to heirs or beneficiaries
- Closing the Estate: Once assets are distributed and all filings are complete, the personal representative files a final accounting and petition for discharge under Ark. Code Ann. § 28-43-114. The court then formally closes the estate.
Helpful Hints
- Consult a Circuit Clerk’s office for local fee schedules and forms.
- Keep detailed records of notices and filings for court review.
- Verify deadlines for creditor claims to avoid personal liability.
- Consider hiring a probate attorney if the estate has complex assets or disputes.
- Use the Small Estate Affidavit process for estates under $100,000 to simplify administration.