Detailed Answer — What probate in common form is and how it works in Arkansas

“Probate in common form” is the ordinary, streamlined way most wills are initially proved and entered as valid by a probate court. Under this procedure the probate court admits a will based on the standard, prima facie evidence of due execution (for example, the original signed will plus the attesting witness affidavit). Admission in common form does not require a full trial with live testimony. Instead, the will is treated as presumptively valid until someone timely contests it and asks the court to require a more formal proof.

In Arkansas the probate process is governed by the State’s probate and administration statutes (see Arkansas Code, Title 28 — Probate and Administration). A probate in common form is typically started by filing the decedent’s original will and a petition for admission with the circuit court (the court that handles probate matters in the county where the decedent lived). Along with the petition you normally file the decedent’s death certificate and any affidavits of the witnesses who saw the testator sign the will.

Key features of probate in common form

• Presumptive proof: The paperwork (original will, witness affidavits, self-proving affidavit if present) creates a presumption that the will was properly executed.
• No immediate full hearing: The court usually admits the will on that prima facie evidence without a solemn evidentiary hearing unless someone objects.
• Right to contest: Interested persons (heirs, beneficiaries, creditors) have a limited time to file an objection and demand probate in solemn form or other proof; if contested the court may proceed to a fuller hearing where witnesses testify under oath.
• Letters issued: Once the will is admitted in common form, the court issues letters testamentary or letters of administration with will annexed to the personal representative, allowing them to act for the estate.

When does common form make sense?

Probate in common form is appropriate when the will appears valid on its face, there is no known immediate dispute, and beneficiaries want a quicker, lower-cost start to estate administration. It is the default, practical route in many straightforward cases.

When might a party demand solemn form (formal proof)?

If someone believes the will is forged, the testator lacked mental capacity, the will was signed under undue influence, or the attesting witnesses’ affidavits are unreliable, that person can object and ask the court to require formal proof by live testimony (probate in solemn form). In that event the court schedules a hearing or trial, and the presumption created by common-form admission no longer controls.

Practical steps to start probate in common form in Arkansas

1. Locate the original signed will and the decedent’s death certificate.
2. Prepare and file a petition for probate in the local circuit court (probate matters are handled by circuit courts in Arkansas), attaching the original will and any witness affidavits or self-proving affidavit.
3. Provide notice to heirs, beneficiaries, and known creditors as required by statute and local court rules.
4. If the court admits the will in common form, it will issue letters to the personal representative so administration of the estate can begin.

Timing and deadlines

Time limits to contest probate vary. Interested persons should review Arkansas probate rules and the applicable provisions in Arkansas Code Title 28 to determine the exact deadlines and notice requirements in your county. Because timelines and local practices matter, consult the circuit court clerk or an attorney quickly if you believe a will should be contested.

Where to find the statutes and court resources

Arkansas’s probate and estate rules are codified in the Arkansas Code, Title 28 (Probate and Administration). For the official statutes and to search for specific sections, see the Arkansas Legislature’s website: https://www.arkleg.state.ar.us/ (search “Arkansas Code Title 28” for statutes governing wills, probate procedures, and letters testamentary).

For practical court procedures and to find the circuit court clerk for your county, see the Arkansas Judiciary: https://courts.arkansas.gov/

Helpful Hints

• Always keep the original signed will safe. Probate generally requires the original document.
• Check for a self-proving affidavit attached to the will; that affidavit (signed by witnesses in front of a notary) speeds admission and is strong evidence of proper execution.
• File the probate petition in the circuit court of the county where the decedent lived at death.
• Notify beneficiaries and potential creditors promptly—Arkansas law requires certain notices and missed notices can affect claims.
• If you suspect fraud, lack of capacity, or undue influence, act quickly; objecting early preserves rights to demand solemn proof and prevents the estate from being administered without addressing the dispute.
• Even when probate in common form is appropriate, an attorney can help prepare filings correctly, ensure notices are served, and reduce the risk of later disputes.
• If the estate is small or assets pass outside probate (joint accounts, payable-on-death designations, trust assets), probate may not be necessary; confirm with court rules or an advisor.
• Use the circuit court clerk as a resource for local filing forms and fee schedules; courts differ slightly in procedure.