How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Arkansas?
Detailed Answer Under Arkansas law, a minor (anyone under age 18) cannot legally hold or manage property, including an inheritance or other estate interest. To protect the minor’s assets, the probate court must appoint either a guardian of the estate or, in certain proceedings, a guardian ad litem. Below is an overview of each process […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in Arkansas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Arkansas attorney for guidance specific to your situation. Detailed Answer 1. Intestate Succession under Arkansas Law When a person dies without a will in Arkansas, their property passes by intestate succession. Arkansas Code § 28-9-205 outlines the order […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Arkansas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Probate Court Oversight When an individual petitions to serve as administrator of an Arkansas estate, the circuit court reviews the petition, qualifications, and bond. The court retains jurisdiction throughout the probate process. It hears motions, resolves disputes, and […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Arkansas?
Detailed Answer Under Arkansas law, a personal representative (executor or administrator) may request a commission for estate administration services. Arkansas Code Annotated § 28-40-301 states that a personal representative is entitled to a reasonable commission. If the will specifies a rate, the court generally honors it when it deems the rate reasonable. Without a will […]
Read article →What Steps Are Required to Locate, Inventory, and Distribute Estate Assets and Settle Debts in Arkansas?
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 […]
Read article →How to verify and probate an old will discovered decades after execution in Arkansas
Detailed Answer Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed Arkansas attorney for guidance on your specific situation. 1. Establish the Will’s Validity Under Ark. Code Ann. § 28-41-101, a valid will must be signed by the testator and attested by two credible witnesses. If the will […]
Read article →How Do Arkansas Intestacy Rules Apply if No Valid Will Is Found?
Detailed Answer When someone in Arkansas dies intestate—without a valid will—the estate distributes under the intestate succession rules in Arkansas Code Title 28, Subtitle 2, Chapter 9. The probate court identifies heirs and divides assets according to a fixed order. 1. Surviving Spouse and Descendants If the decedent leaves a surviving spouse and all descendants […]
Read article →Which Court or County Office Handles Estate Administration and Unclaimed Property Claims in Arkansas?
Detailed Answer Estate Administration In Arkansas, the Circuit Court in each county handles estate administration (probate) matters. You file petitions and other probate documents with the Clerk of Circuit Court in the county where the decedent lived or owned real property. The court oversees appointing a personal representative, validating wills, and supervising asset distribution. Key […]
Read article →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. Determine Whether Probate Is Required First, […]
Read article →How can someone determine if a probate estate has been opened for a decedent in Arkansas? (AR)
Detailed Answer If you need to determine whether a probate estate has been opened for a decedent in Arkansas, follow these steps: 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 […]
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