Disclaimer: This information is for educational purposes and is not legal advice.
Detailed Answer
If your parent’s deed lists only their name, Arkansas law requires you to trace the property through one of three paths: a transfer-on-death deed, a probate estate, or a trust. Follow these steps to determine current ownership:
- Search for a Transfer-on-Death Deed
Arkansas allows a parent to name beneficiaries via a transfer-on-death (TOD) deed under the Transfer-on-Death Deed Act. Check the county recorder’s office for a TOD deed. If you find one, the deed takes effect on your parent’s death and transfers title directly to the named beneficiary. Read Ark. Code Ann. § 18-12-103 for details. - Locate a Will or Trust
Search probate court records for a will. If your parent created a living trust, the successor trustee distributes property per the trust terms. Trust property does not go through probate. If you find a will, file it for probate to transfer title. - Initiate Probate for Intestate Property
If you find no TOD deed, will, or trust, the property goes through intestate succession. Under Ark. Code Ann. § 28-9-201, heirs-at-law inherit in a set order: surviving spouse, children, then other relatives. File an application in the county probate court to open an estate, obtain letters of administration, and ask the court to appoint you or another heir as administrator. - Record a New Deed
After the court issues letters and approves distribution, prepare and record a new deed conveying the property from the estate or trustee to the heirs or beneficiaries. File the deed at the county recorder’s office where the property is located.
By following these steps, you will identify whether the property passed automatically or requires probate or trust administration and then properly record title in the names of the new owners.
Helpful Hints
- Obtain a certified copy of the death certificate before starting any process.
- Contact the county recorder’s office to search for recorded TOD deeds, wills, and other documents.
- Check probate court dockets online or in person for estate filings.
- Ask the clerk about court-approved forms for probate or petition of administration.
- Verify whether Arkansas requires additional tax filings or inheritance tax forms.
- Consider consulting a licensed attorney if you face complex claims or real estate disputes.