Detailed Answer
If you need to determine whether a probate estate has been opened for a decedent in Arkansas, follow these steps:
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Search Online Court Records: Use Arkansas CourtConnect, the AOC public portal. Visit https://caseinfo.arcourts.gov/ and search by the decedent’s full name or case number. You can view petitions, orders, and letters if a probate case exists.
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Contact the County Circuit Court Clerk: Probate petitions file in the circuit court of the county where the decedent lived. Locate the clerk’s office via the Arkansas Judiciary website and request a docket search. Clerks can confirm whether someone filed for letters testamentary or administration.
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Review Published Notices: Arkansas law requires notice to creditors. Search local newspapers or court bulletins for the decedent’s name. See Ark. Code Ann. § 28-41-101 (link).
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Check Unclaimed Property Records: If no probate appears, the Department of Finance and Administration may hold assets. Search the unclaimed property database at Arkansas Unclaimed Property.
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Confirm by Reviewing Filed Documents: When a probate petition is filed under Ark. Code Ann. § 28-41-101, the court issues letters testamentary or letters of administration. Those letters and the inventory become public records. You can view them online or request copies from the clerk.
Under Arkansas law, probate opens when a personal representative (executor or administrator) files a petition in the circuit court and the judge issues letters. Once entered, the estate appears on the court’s docket. You can then access filings, inventories, accountings, and final orders.
Helpful Hints
- Gather the decedent’s full legal name, date of death, and last residence to narrow your search.
- Check multiple spellings or name variations to avoid indexing errors.
- Ask family members or the decedent’s attorney if they already initiated probate proceedings.
- Visit the courthouse in person if records are not yet digitized online.
- For small estates valued under $50,000, look for a small estate affidavit under Ark. Code Ann. § 28-41-104 (link).
- Keep records of all inquiries, filings, and communications for future reference.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.