Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a loved one passes away in Arkansas, the personal representative (formerly executor) must follow specific steps under Ark. Code Ann. § 28-41-101 et seq. to locate, inventory, and distribute assets and settle debts.
1. Obtain Letters of Appointment
File the will (if any) and petition with the probate court in the county where the decedent lived. After court approval, you receive “Letters of Appointment,” granting authority to act.
2. Locate and Collect Assets
Identify the decedent’s assets, including bank accounts, investments, real estate, vehicles, personal property, and business interests. Search mail, safe-deposit boxes, tax returns, and social media to uncover hidden property.
3. Inventory and Appraisement
Within 60 days of appointment, Arkansas law requires filing a detailed inventory and appraisement of all probate assets under Ark. Code Ann. § 28-41-102. List each item’s description, location, and fair market value.
4. Notify Creditors
Provide notice to known creditors and publish a notice in a local newspaper for two consecutive weeks as required by Ark. Code Ann. § 28-41-301. Creditors then have six months to file claims.
5. Pay Debts and Taxes
Review and verify creditor claims. Pay valid debts, funeral expenses, and estate administration costs from estate funds. File final income and estate tax returns with the IRS and Arkansas Department of Finance and Administration.
6. Final Accounting and Distribution
After debts and taxes are paid, prepare a final accounting. File a petition for distribution with the court. Upon court approval, distribute remaining assets to beneficiaries under Ark. Code Ann. § 28-41-104.
Helpful Hints
- Keep detailed records and receipts for all transactions.
- Use certified mail when notifying creditors and beneficiaries.
- Secure real estate and valuables promptly to prevent loss.
- Consult a probate attorney for complex estates or disputes.
- Consider hiring a professional appraiser for unique or high-value items.