What Documentation Is Required to Apply for Letters of Administration in Arkansas?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer To apply for letters of administration in Arkansas, you must submit a set of core documents to the probate court in the county where the decedent resided. Letters of […]
Read article →What information is needed to request estate files from a county probate division in Arkansas?
Requesting Estate Files from an Arkansas County Probate Division Detailed Answer In Arkansas, probate divisions fall under the Circuit Court in each county. They maintain estate files for decedents whose assets go through probate. Anyone may request access to these files as they are public records. To make a request, you typically contact the Circuit […]
Read article →Arkansas: Steps to Transfer Out-of-State Property Interest When Heirs Agree and Ancillary Probate May Not Be Needed
Detailed Answer This FAQ explains how heirs under Arkansas law can transfer a decedent’s real property located in another state when all beneficiaries agree and formal ancillary probate may not be needed. Disclaimer: This article is for educational purposes only and does not constitute legal advice. 1. Confirm Whether Ancillary Probate Is Required Under Ark. […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Arkansas
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice about your specific situation. In Arkansas, you can use a court‐ordered subpoena (often called a subpoena duces tecum) to require a person or entity to produce estate records in a probate proceeding. The […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in Arkansas?
Detailed Answer When a personal representative (executor or administrator) sells real property in a probate estate, the net proceeds must go to the heirs or devisees. In Arkansas, heirs can direct distribution of those sale proceeds by signing certain authorizations and releases. These documents ensure the probate court and the personal representative disburse funds according […]
Read article →What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in Arkansas probate?
Notice Requirements and Procedures for Notifying Creditors in Arkansas Probate Navigating probate in Arkansas requires you to follow strict notice rules when notifying creditors, including medical debt collectors. Courts enforce these deadlines to ensure fair distribution of assets. Below, we break down the key requirements, cite relevant statutes, and explain how you can comply. Detailed […]
Read article →How to distinguish assets belonging to a deceased person’s estate from those held by a corporation established by a relative in Arkansas?
How to Distinguish Estate Assets from Corporate Assets in Arkansas Detailed Answer When a relative forms a corporation during your loved one’s life, assets may overlap. Arkansas law treats decedents’ estate assets under the Probate Code and corporate assets under the Business Corporation Act. You can separate these assets by following four key steps. 1. […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce? Detailed Answer When a foreclosure sale produces proceeds that exceed the debt owed, Arkansas law requires the sheriff to hold the surplus funds. Under Arkansas Code Ann. § 16-66-212, interested parties may claim those funds by filing […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer Under Arkansas law, a personal representative (executor or administrator) may sell estate assets—including personal property—to pay debts, administration costs, and to ensure that heirs receive equal shares. Key statutory provisions guide the process: 1. Statutory […]
Read article →Who Is Eligible to Receive Surplus Proceeds When the Property Was Solely in the Deceased Spouse’s Name in Arkansas?
Detailed Answer When a property owned solely by a deceased spouse generates surplus proceeds—often after a tax sale or foreclosure auction—those funds become part of the decedent’s estate. Arkansas law directs how to claim and distribute these surplus proceeds. 1. Surplus Proceeds After a Tax Sale Under Ark. Code Ann. § 26-37-112, any excess money […]
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