Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a decedent owns assets in more than one county or even across state lines, estate administration can seem complex. In Arkansas, the probate process starts in the county court where the decedent was domiciled at death. Arkansas Code § 28-39-201 specifies that venue for opening the estate lies in that county (see https://law.justia.com/codes/arkansas/2019/title-28/subtitle-2/chapter-39/subchapter-2/section-28-39-201/).
1. Open Probate in the Primary County
File the will or petition for administration in the county court of domicile. The court issues letters testamentary or letters of administration to the personal representative. Those letters grant authority to collect and distribute assets statewide.
2. Collect Assets in Other Arkansas Counties
Letters testamentary have statewide effect. To access bank accounts or transfer titled assets in another county, present a certified copy of letters to the institution or register of deeds. Arkansas courts recognize these letters without requiring separate filings in each county.
3. Ancillary Administration for Out-of-State Assets
If the decedent held property outside Arkansas, you may need ancillary probate in that jurisdiction. Under Arkansas Code § 28-42-101, a personal representative may qualify as a foreign fiduciary by filing an authenticated copy of the Arkansas letters with the foreign court (see https://law.justia.com/codes/arkansas/2019/title-28/subtitle-2/chapter-42/subchapter-1/section-28-42-101/). Follow the other state’s documentation and notice requirements to obtain local authority.
4. Real Property Transfers
For real estate in Arkansas, record a certified copy of letters testamentary along with any court order directing sale or transfer in the county where the land lies. Review county recorder requirements to ensure compliance. For out-of-state real estate, comply with that state’s recording and transfer statutes.
5. Coordination and Reporting
Maintain a schedule of all assets by location. Provide periodic accounting to the primary county court, including ancillary proceedings. Ensure estate taxes and filing fees are paid in each jurisdiction where assets are administered.
Helpful Hints
- Compile a detailed asset list by county or state before filing probate.
- Obtain multiple certified copies of letters testamentary to present to banks and registries.
- Consult local counsel in other states before opening ancillary probate.
- Verify recording fees and document formats with each county recorder’s office.
- Keep clear records of all filings, notices and distributions in each jurisdiction.