Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Probate in Arkansas follows the Arkansas Trust and Probate Code (Title 28). Gathering key documents before a person passes can simplify the process of validating the will, identifying assets, and closing the estate.
- Last Will and Testament and Trust Agreements: Locate the original signed will. Arkansas law requires a written will signed by the testator and at least two witnesses (Ark. Code Ann. § 28-23-101). If a trust exists, gather all trust documents and amendments.
- Personal Identifying Information: Record full legal names, Social Security numbers, dates of birth, last known addresses, and contact details for the decedent and heirs. This information assists with filings and notifications.
- Asset Records: Compile deeds to real property, vehicle titles, stock certificates, and account statements for bank, investment, retirement, and cryptocurrency holdings. Include digital account credentials and safe-deposit box details.
- Insurance and Benefits: Gather life insurance policies, annuities, and beneficiary designation forms. Include policy numbers and insurer contact information.
- Debts and Liabilities: List outstanding mortgages, credit cards, personal loans, and medical bills. Collect statements showing account numbers and balances.
- Tax Documents: Retrieve recent federal and state income tax returns and information for any ongoing business or rental activities. These will be needed for final estate tax filings.
- Power of Attorney and Healthcare Directives: Locate any durable power of attorney, healthcare proxy, or advanced directive. While these documents terminate at death, they reveal the decedent’s prior wishes and financial contacts.
Having these documents ready supports a smooth petition to open probate, inventory of assets, and final distribution under Arkansas Trust and Probate Code, Title 28.
Helpful Hints
- Keep originals in a secure but accessible location and provide copies to the chosen executor.
- Maintain an up-to-date inventory of assets and review it annually.
- Confirm beneficiary designations on retirement plans and life insurance match the will or trust.
- Store digital credentials separately and inform the executor how to access them.
- Discuss your plan with family and the named executor to reduce confusion at time of death.
- Review and update estate documents after major life events (marriage, divorce, birth of a child).
- Consult an Arkansas probate attorney early to confirm compliance with state requirements.