What are the risks associated with probating my father’s estate without legal representation in Arkansas?
Disclaimer: This content is for educational purposes only and does not constitute legal advice. Detailed Answer Handling your father’s estate in Arkansas without a lawyer—known as “pro se” probate—carries several risks. You must comply with the Arkansas Probate Code (Ark. Code Ann. §28-41-101 et seq.) and local probate court rules. A single misstep can delay […]
Read article →If real property passes automatically at death, why do I have to probate the will? (AR)
Automatic Transfer of Real Property at Death vs. Probate in Arkansas Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Arkansas for advice on your specific situation. Detailed Answer Under Arkansas law, certain real property interests pass by operation of law and avoid probate. These […]
Read article →What Steps Are Involved in Notifying Creditors and Handling Claims After a Death in Arkansas?
Disclaimer: This article provides general information and is not legal advice. Always consult a licensed attorney in Arkansas for guidance on your specific situation. Detailed Answer After a person’s death in Arkansas, the personal representative (often called the executor or administrator) must notify creditors and handle claims under the Arkansas Probate Code. Key steps include: […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate if the Death Certificate Is Not Available? – AR
Using an Obituary to Open an Estate in Arkansas When the Death Certificate Is Unavailable Disclaimer: This article provides general information on Arkansas law and is not legal advice. Consult a licensed attorney or the probate court for guidance on your specific situation. Detailed Answer Under Arkansas probate law, a certified death certificate is the […]
Read article →How do I prepare an heirship affidavit in Arkansas?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney for advice specific to your situation. When a person dies owning real estate in Arkansas without a will, their property passes to their heirs under intestacy rules. An heirship affidavit is a sworn statement […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Arkansas?
Detailed Answer Under Arkansas law, a surviving spouse’s share of an intestate estate is defined by statute. You cannot elect to receive a life estate in lieu of the statutory intestate share. Instead, the law provides a fixed share plus optional allowances and homestead rights. Below is an overview: 1. Intestate Succession Rights When someone […]
Read article →How Does an Executor Obtain an EIN for an Estate in Arkansas?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In Arkansas, an executor (known as a personal representative) must secure an Employer Identification Number (EIN) for a decedent’s estate to handle tax filings and financial accounts. Below are […]
Read article →What is the difference between common and solemn form probate in Arkansas?
Detailed Answer When someone dies in Arkansas, their estate—assets and debts—must go through probate. Arkansas law offers two probate tracks: common form and solemn form. Each serves different needs, follows separate rules, and carries distinct timelines and costs. Common Form Probate Common form probate streamlines administration for smaller or uncontested estates. Under Ark. Code Ann. […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Arkansas Estate?
Detailed Answer Understanding a Year’s Allowance in Arkansas Arkansas law grants a surviving spouse and minor children a year’s allowance from the estate’s personal property for their support while the estate proceeds through probate. This allowance ensures basic needs are met for up to one year after the decedent’s death. See Ark. Code Ann. § […]
Read article →How to Request and Schedule a Probate Hearing in Arkansas When None Is Set
How to Request and Schedule a Probate Hearing in Arkansas When None Is Set Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When you file an estate‐administration petition in Arkansas and no hearing date appears on the docket, you must take action to prompt the court. Arkansas […]
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