Probate in Arkansas | AR Legal Resources | FastCounsel

What are the legal requirements and process for transferring a decedent’s firearms during probate in Arkansas (AR)?

Detailed Answer When someone dies in Arkansas, their firearms are ordinary personal property of the decedent’s estate. The process and legal requirements for transferring those firearms depend on (a) whether there is a valid will and a formally appointed personal representative (executor or administrator), (b) whether the intended recipient is legally permitted to possess firearms, […]

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What documentation is needed to prove ownership when filing a surplus funds claim in Arkansas (AR)?

Detailed Answer This answer explains, in plain language, what documents you will typically need to prove ownership when filing a claim for surplus funds in Arkansas. Surplus funds arise when a property sale (for example, a foreclosure sale, sheriff’s sale, or tax sale) brings in more money than was needed to pay the liens and […]

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How to Protect Life Insurance Proceeds in Arkansas (AR) When No Beneficiary Is Named from Creditor Claims in Estate Administration

How proceeds are handled when a life insurance policy has no valid beneficiary in Arkansas Detailed Answer This answer explains what typically happens to life insurance proceeds when a decedent did not name (or has an invalid) beneficiary, and how a personal representative or family member can try to protect those proceeds from creditor claims […]

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What should I do if an heir refuses to return estate property and the estate is still open? — AR

Detailed Answer — How to handle an heir who refuses to return estate property (Arkansas) Short answer: If an heir refuses to return estate property while the estate is still open, start with written demand and communication through the personal representative. If that fails, ask the probate court to compel turnover (or the civil court […]

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What options do heirs have when an estate administrator becomes unresponsive or refuses to distribute assets? (AR)

Detailed Answer When the personal representative (executor or administrator) of an Arkansas estate stops responding or refuses to distribute assets, heirs have several court-based and practical options to get the estate moving. The personal representative is a fiduciary appointed by the probate court to collect assets, pay debts and taxes, and distribute what remains to […]

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How do I apply to be appointed as the personal representative of a deceased relative’s estate in Arkansas (AR)?

How to apply to be appointed personal representative of a deceased relative’s estate in Arkansas Short answer: File a petition in the probate court of the county where the decedent lived, submit the original will if one exists, provide a death certificate, notify interested persons, and (if required) post a bond and attend a hearing. […]

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How can heirs petition the court to reopen a closed estate to claim unclaimed assets in Arkansas?

Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for advice on your situation. Detailed Answer Under Arkansas probate law, heirs may petition a court to reopen a closed estate when new assets surface after final distribution. Arkansas Code § 28-39-108 (Revivor of administration) authorizes interested parties to file […]

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What is the process for inventorying and distributing estate assets among multiple heirs in Arkansas?

Detailed Answer When a person dies in Arkansas, their estate must go through probate—a court-supervised process. The personal representative oversees asset inventory and distribution. Follow these steps: 1. Open the Probate Estate File a petition and death certificate with the circuit or probate court in the county where the decedent lived. The court issues letters […]

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How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in Arkansas?

What Is Unclaimed Property? Unclaimed property includes bank accounts, uncashed checks, life insurance proceeds and safe-deposit box contents that remain inactive after a dormancy period set by Arkansas law. The Arkansas Treasurer holds these assets under Ark. Code Ann. § 18-28-201 and related sections of Title 18, Chapter 28. How to Locate Unclaimed Property Search […]

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What factors influence the timeline for completing the probate process in Arkansas?

Detailed Answer In Arkansas, the length of the probate process varies based on several key factors. Understanding these influences helps you anticipate delays and plan accordingly. 1. Type of Probate Proceeding Arkansas offers informal and supervised probate (Ark. Code Ann. § 28-41-101 et seq., https://www.arkleg.state.ar.us/ArkansasCode/Title28). Informal probate moves faster when all heirs agree and no […]

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