Arkansas Estate And Probate Attorney
Often times, when you have lost a loved one, they have made little to some preparation for what is going to happen with their assets and how their debts will be paid. Arkansas is different than many states. In Arkansas, when someone passes without a Will, then the law dictates that the spouse will receive 1/3 of all personal property and a 1/3 life estate on all real property held exclusively in the name of the decedent. Depending upon the nature of your loved one’s assets, their distribution can be extremely complex. You will want an experienced Probate Attorney to ease the burden and make the process easier for you and your family as you grieve the loss of your loved one.
Everyone is entitled to know where they stand. Tapp Law Firm offer a free initial consultation for probate administration. Give my office a call and let’s see how we can help get you through this difficult situation.
What Is Probate In Arkansas?
Probate is the process to handle the assets and debts of a deceased person’s estate. In Probate, an Administrator gathers the assets of your loved one. They determine exactly what debt is owed by the decedent and see which entities are actually seeking to collect on that debt. It is usually necessary to determine if any tax liability is owed. The Administrator/Executor determines what property exists that can be distributed to the beneficiaries pursuant to a Will, if any. The Administrator/Executor pays the debts of the Estate and makes sure the law and the wills of the decedent are followed under the watchful eye of the Courts.
What Is The Probate Process?
The process for Probate begins with obtaining the death certificate. After there is an original death certificate, then we can file to Open the probate process in Arkansas. After the probate case is opened by the Court, publication must be made in the paper of record as a notice to all those the decedent owed a debt. Then, an Inventory of all of the assets of the decedent occurs. During the statutory time for notice, we work with you to determine how assets can be distributed pursuant to the law and your loved one’s wishes. Valid debts are then determined by the Court. At the end of that process, then the assets can finally be distributed to the beneficiaries.
How Long Does Probate Take?
The duration of probate can vary. It depends on the complexity of the estate, the presence of a valid will and any disputes that may arise. Generally, probate takes several months, and it may extend to a year or more for complex estates. Smaller estates – those valued under a certain dollar amount – can qualify for a faster, simpler process.
Can Probate Be Avoided?
Yes, probate can be avoided through careful estate planning. Options include setting up living trusts, establishing joint ownership of property and designating beneficiaries for accounts. These strategies can help bypass the probate process and allow for a more straightforward transfer of assets.
Get Legal Support Throughout The Probate Process
Attorney Tapp is here to guide you through the probate and inheritance process with ease, answering your questions and standing by you. Learn more about how we can assist you. Call 501-623-9800 or send us an email to arrange a free consultation.