What documentation is needed to freeze or secure a decedent’s bank accounts when co-heirs refuse to cooperate in Arkansas?
Detailed Answer Under Arkansas law, you need court-issued authority to control or freeze a decedent’s bank accounts when co-heirs won’t cooperate. The process generally follows these steps: Obtain a Certified Death CertificateOrder multiple certified copies from the Arkansas Department of Health. Banks require these to verify the account holder’s death. Open Probate or AdministrationIf the […]
Read article →How are real property and personal assets identified, inventoried, and distributed under intestacy law in Arkansas?
Identifying, Inventorying, and Distributing Intestate Real and Personal Property in Arkansas Disclaimer: This information is for educational purposes and not legal advice. Detailed Answer 1. Identifying Estate Assets Real Property The personal representative begins by locating all real estate titled in the decedent’s name. This includes homes, land, and commercial property. Search county land records […]
Read article →What Deed Should Heirs Sign to Convey Their Interests in Out-of-State Property under AR Law?
Detailed Answer When heirs inherit real estate in another jurisdiction, they need a deed that transfers their interest clearly and meets local requirements. Under Arkansas probate law, a personal representative often conveys property by Ark. Code Ann. § 28-41-107 (Personal Representative’s Deed). After the probate court issues a Final Decree of Distribution, the heirs may […]
Read article →How can you verify that creditor notice requirements were satisfied in the original estate to rely on the two-year rule? (AR)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Under Arkansas probate law, a personal representative must notify estate creditors so they can file claims within two years of the first public notice. If you want to rely on […]
Read article →Should a personal representative open an estate account to handle the money of the estate? (AR)
Detailed Answer Under Arkansas probate law, a personal representative must keep estate assets separate from personal funds to fulfill fiduciary duties and avoid co-mingling. Ark. Code Ann. § 28-39-205 requires that all money coming into a fiduciary’s hands be deposited promptly in one or more financial institutions as directed by the court. Opening a dedicated […]
Read article →What steps are needed to bring real property into the estate in Arkansas
Detailed Answer 1. Identify Probate Assets Begin by reviewing the decedent’s deed and title records. Real property owned solely by the decedent typically passes through probate. Property held in joint tenancy or by right of survivorship may avoid probate and not form part of the estate. 2. Open Probate Administration File a petition in the […]
Read article →Can I Seek Reimbursement From the Estate for Paying the Funeral Bill in Arkansas?
Disclaimer: This article provides general information only and does not constitute legal advice. Detailed Answer Arkansas law treats funeral expenses as a priority claim against a decedent’s estate. This means the personal representative must pay reasonable funeral costs before most other debts. You can seek reimbursement for funeral bills you paid on behalf of the […]
Read article →How Can the Administrator Verify That the Payment Fully Satisfied the Outstanding Vehicle Loan in Arkansas?
Detailed Answer When an administrator handles an estate that includes a vehicle secured by a loan, it’s critical to confirm the outstanding loan balance is paid in full and the lien is released. Under Arkansas law, lenders must take specific steps to document satisfaction of a vehicle loan and remove any security interest from the […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Arkansas?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under Arkansas law, a surviving spouse may receive a family allowance to support household needs during estate administration. Arkansas Code § 28-24-101 establishes this right and allows a court to set an allowance based on factors such as the estate’s […]
Read article →How Can I Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Arkansas?
Detailed Answer When someone dies without a valid will in Arkansas, the probate court appoints a personal representative (administrator) under the priority scheme in Ark. Code Ann. § 28-41-101. A surviving spouse, children, parents, and other close relatives hold higher priority. If you wish to serve despite a higher-priority heir, Arkansas law offers three main […]
Read article →