Arkansas has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.
In general, small estate probate (under $100,000) costs $25 and general probate costs $165 to file. You may incur other fees depending on what you file. You can pay for your filing fees with cash, check, money order, or credit card. What Happens After You File a Petition for Probate in Arkansas?
The simple answer is... yes! For the vast majority of probate cases, a lawyer is not required to probate a will. In fact, anyone can interact with the court system and you can do probate without a lawyer.
5 yearsIf the person that died was a resident of Arkansas, the time limit to probate a will is 5 years past the date of death. With non-residents, the time limit is more flexible.
$100,000In Arkansas, the probate process is mandatory for any contested estate, if there are creditors (including a mortgage) and for any estate larger than $100,000. If a person provides written grounds for contest to the court, the will goes through the probate process.
A will does not have to be recorded or filed in court, but it can be deposited with a probate court for safekeeping.
Whose responsibility is it to get probate? If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isn't a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.
You'll need a copy of the death certificate for each of the deceased's assets (eg, each bank account, credit card, mortgage etc), so before you can start probate, you'll need to register the death.
Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.
If there isn't a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative. The executor or personal representative takes care of the estate of the decedent.
If one dies, all the money will go to the surviving partner without the need for probate or letters of administration. The bank may need the see the death certificate in order to transfer the money to the other joint owner.
Arkansas allows transfer-on-death registration of vehicles. If you register your vehicle this way, the beneficiary you name will automatically inherit the vehicle after your death. No probate court proceeding will be necessary.