What steps are required to open an estate proceeding in Arkansas when no probate case exists?

Detailed Answer

When someone dies in Arkansas without an existing probate case, interested parties must open a new estate proceeding to lawfully settle the decedent’s assets and debts. Arkansas law provides two main routes: general administration and summary (small estate) proceedings. Below is a step-by-step overview under Arkansas law.

1. Determine Whether Probate Is Required

   First, identify all assets owned by the decedent at death. If the estate includes real property, bank accounts titled only in the decedent’s name, or other non-transferable assets, formal probate is generally required.

2. Choose the Appropriate Process

   • General Administration: Use for estates exceeding the small estate threshold or holding real property.
   • Summary (Small Estate) Administration: Available if the total personal property (excluding real estate) is worth no more than $150,000. See Ark. Code Ann. § 28-41-101 for limits and procedures: 28-41-101.

3. Prepare and File a Petition for Letters

   Under general administration, file a petition for letters testamentary (if there’s a will) or letters of administration (if intestate) in the circuit court of the county where the decedent resided. The petition must include:

   • The decedent’s name and date of death
   • Names and addresses of heirs and beneficiaries
   • A description and estimated value of estate assets
   • The name of the proposed personal representative

   See Ark. Code Ann. § 28-39-203: 28-39-203.

4. Pay Filing Fees and Submit Certified Death Certificate

   Include a certified copy of the death certificate and pay the court’s filing fee. Fees vary by county.

5. Provide Notice to Heirs, Beneficiaries, and Creditors

   After filing, the court issues letters and requires notice to known heirs and beneficiaries by mail. Publish notice to unknown creditors in a local newspaper per Ark. Code Ann. § 28-41-102 if using summary administration, or per general notice requirements for formal administration.

6. Attend the Probate Hearing

   The court sets a hearing date to approve the petition. If it finds the petition in order and the proposed personal representative qualified, it issues letters testamentary or of administration.

7. Inventory and Appraisement

   The personal representative must file a complete inventory and appraisement of the estate within 90 days of appointment. See Ark. Code Ann. § 28-43-201: 28-43-201.

8. Administer and Close the Estate

   Collect assets, pay valid debts and expenses, and distribute remaining property to heirs or beneficiaries. File a final accounting and petition for discharge to close the estate.

Helpful Hints

• Check county court rules for local probate procedures and fees.
• Gather asset documentation (bank statements, deeds, titles) before filing.
• Notify all known creditors promptly to avoid personal liability.
• Consider summary administration for small estates to save time and cost.
• Maintain organized records of all filings, notices, and receipts.
• Seek professional guidance if the estate involves complex assets or disputes.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.