Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies, Arkansas law directs you to one of three counties for probate proceedings. You choose venue based on the decedent’s domicile, property location, or special rules when neither applies. Having the correct venue ensures the court has authority to open or transfer the estate.
1. County of Domicile (Original Administration)
File the petition in the county where the decedent was domiciled at death. “Domicile” means the state and county the person treated as home. See Ark. Code Ann. § 28-41-101.
2. County of Property (Ancillary Administration)
If the decedent was not domiciled in Arkansas but owned real or personal property here, file in the county where that property lies. See Ark. Code Ann. § 28-41-102. For multiple parcels, choose the county with the most significant asset or consult an attorney for strategy.
3. Special Venue When No Property Is in State
If the decedent had neither Arkansas domicile nor property, you may file in any county where an interested party resides, or in the county of the personal representative’s residence. See Ark. Code Ann. § 28-41-103. This rule prevents delays when no Arkansas-connected estate assets exist.
4. Transferring Venue After Filing
Any party can contest venue within 30 days of service by filing a motion. The court reviews the correct county under the statutes above. If it finds improper venue, the judge must transfer the proceeding to the proper county upon request. See Ark. Code Ann. § 28-21-107.
Keeping venue rules in mind saves time and avoids challenges. Make sure you research the decedent’s last residence and review real and personal property records before filing.
Helpful Hints
- Verify domicile through driver’s license, voter registration, or tax returns.
- Search county land records for real estate and the county assessor’s site for personal property.
- When property spans multiple counties, list the largest asset county first.
- File a venue objection promptly to avoid waiving the right to transfer.
- Consult a probate attorney if you face conflicting venue facts or complex assets.