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 includes a self-proving affidavit—where the testator and witnesses swear under oath—the court presumes proper execution per § 28-41-103.
If the original will is lost or destroyed, Arkansas law allows probate of a lost will. Under § 28-41-104, you may submit a copy along with clear and convincing evidence that the testator executed the document as their will.
2. File a Probate Petition
File a petition in the probate division of the Circuit Court in the county where the decedent resided at death. Attach the original will or a copy with an explanation for its absence. The petition must identify the petitioner’s relationship to the decedent and list known heirs and beneficiaries. The court clerk assigns a case number and schedules a hearing.
3. Provide Notice to Interested Parties
Arkansas law requires notifying heirs, beneficiaries, and creditors of the probate proceeding. The court will publish notice in a local newspaper and mail notice to known parties. This step ensures everyone has an opportunity to contest the will or file creditor claims.
4. Attend the Probate Hearing
At the hearing, the court reviews the petition, evidence of authenticity, and any objections. If the court admits the will, it issues Letters Testamentary to the named executor. If no executor is named or is unable to serve, the court appoints an administrator with will annexed.
5. Administer the Estate
The executor inventories assets, notifies creditors, pays valid debts, and distributes property according to the will. Estate administration follows Arkansas Probate Rules and local court procedures. Once complete, the executor files a final accounting and petition for discharge.
Helpful Hints
- Locate the original will or highest-quality copy and any self-proving affidavit.
- Speak promptly to witnesses named in the will to preserve their testimony.
- Gather supporting evidence—letters, drafts, or handwriting samples—to prove authenticity of lost wills.
- Track publication dates and mailing deadlines to ensure valid notice.
- Be prepared to explain delays and overcome laches arguments if the estate has been dormant for years.
- Consult an Arkansas probate attorney for guidance on complex disputes and procedural nuances.