Probate and Estate Administration
"It’s not just about making money—it’s about keeping it, protecting it, and passing it on."
-- Robert Kiyosaki
Your North Star on Difficult Journeys
Losing a loved one is hard enough without the added stress of figuring out what the next steps are. You may be asking yourself “What do I do now?” or “How do I begin the probate process?” The probate process can feel overwhelming, whether your loved one left a will or not.
But you are not alone. Victory Law will provide the support, compassion, and experienced legal support to guide individuals and family through this difficult time and transition. Whether you are dealing with a will, navigating an estate, or even just trying to understand what probate means. Victory Law is here to help you handle the legal steps with clarity, care, and expertise.
Why should you choose the Victory Law Firm to handle your Arkansas Probate Matter?
At Victory Law, we understand that probate can be emotionally challenging and complex. We provide steady, knowledgeable guidance to help you navigate the probate process in Arkansas with confidence. With a deep understanding of Arkansas probate law and a commitment to a responsive and client-focused practice, Victory Law will work to resolve each case efficiently and with care and compassion.
Whether the estate is simple or involves more complicated issue, our goal is to reduce your stress, avoidance of unnecessary delays, and to ensure that everything is handled correctly, respectfully, and with compassion. With Victory Law, you’re choosing a team that is dedicated to protecting your interests and honoring your loved one’s wishes.
What is the Arkansas Probate Process?
When your loved one passes away, their estate often goes through a legal process known as probate. Probate is a court-supervised process to handle the assets your loved one left behind. First, the court will identify and gather a deceased person’s assets. Then the court arranges for the payment of any legitimate outstanding debts and taxes. Finally, the court will determine how to distribute the remaining assets to your heirs or beneficiaries (also known as distributees).
How Does the Probate Process Work in Arkansas Step-by-Step?
Step 1. Filing a Petition in Probate Court
The probate process begins by filing a petition with the probate court in the county in which the
deceased lived. The petition asks the court to open the estate and appoint a personal representative (also known as an Executor/Executrix or Administrator/Administratrix).
Step 2. The Appointment of a Personal Representative
After the appointment by the court, the personal representative is responsible for the management of the estate. This includes identifying and locating assets, notifying creditors, and ensuring that the estate is handled in accordance with Arkansas law and the terms of any will (if one exists).
Step 3. Notice to Creditors and the Claims Period
Arkansas law requires that notice be provided through a local newspaper to notify creditors of the death of the deceased. This is accomplished by publishing notice in a local newspaper. Creditors typically have six (6) months from the publishing date to file a claim against the estate.
Step 4. Inventory and Accounting of the Estate
The Personal Representative must create a detailed inventory of the deceased’s assets, to include any real property, bank accounts, retirement accounts, personal property, etc. Some assets may require an official appraisal be completed.
Step 5. Payment of Expenses, Taxes, and Debts
Before distribution of assets to heirs, the estate must pay administrative expenses, taxes (federal and state), and valid claims. This step is essential to avoid any future legal complications.
Step 6. Distribution to Heirs/Beneficiaries
Once the payment of expenses, taxes, and debts have been settled, the remaining assets are distributed to the beneficiaries. If there is a will, the will determines who is to receive what. If there is no will, distribution will be governed by the Arkansas laws of intestacy.
Step 7. Closing the Estate
After all tasks are complete, the personal representative files a final report with the court and once approved, the court will issue an order to officially close the estate.
FAQ
What is probate?
Probate is the legal process by which a deceased person’s estate is administered. This includes identifying assets, paying off any debts or taxes, and distributing what remains to heirs or beneficiaries. If the deceased had a will, the probate court ensures it’s carried out according to their wishes. If no will exists, Arkansas intestacy laws will determine who recieves the estate.
Does every estate have to go through probate in Arkansas?
Not necessarily. Some smaller estates may qualify for a simplified process. In Arkansas, if the estate is worth $100,000 or less (excluding the homestead and certain exempt property), and no valid claims from creditors exist, it may be handled through a Small Estate Affidavit. This process is quicker and less expensive than a formal probate.
However, if real estate needs to be transferred or there are disputes among heirs, a formal probate is usually required.
How long does probate take?
The timeframe can vary, but most probate cases in Arkansas are completed within twelve (12) months. That said, the duration can depend on several factors, including the size and complexity of the estate, the presence of a will, and whether any objections or contests are filed. Complex cases or those involving litigation can extend significantly beyond a year
What does the personal representative/executor/administrator do?
The personal representative (sometimes called the executor/executrix or administrator/administratrix) plays a critical role in the probate process. Their responsibilities include:
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Filing the will with the probate court (if one exists)
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Notifying heirs, creditors, and other interested parties
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Identifying and safeguarding estate assets
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Paying outstanding debts, taxes, and expenses
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Distributing the remaining assets according to the will—or if no will exists, according to Arkansas intestacy laws
It’s a serious responsibility and should be undertaken with care.
Can Probate be avoided?
Yes. With proper planning, it’s possible to avoid the probate process for many assets. Common ways to avoid probate include:
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Creating a revocable living trust and placing assets into it during your lifetime.
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Creating a last will and testament and placing less significant assets into it during your lifetime.
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Naming beneficiaries on retirement accounts and life insurance policies
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Using payable-on-death (POD) or transfer-on-death (TOD) designations for financial accounts
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Holding property with someone else in joint tenancy with rights of survivorship
Each method has pros and cons depending on your individual goals and family situation.
What happens if someone dies without a will?
When a person dies without a valid will—called dying “intestate”—their estate is distributed according to Arkansas law. This often means assets pass to the surviving spouse and children. If there are no surviving close family members, the estate may eventually pass to more distant relatives or, in rare cases, escheat to the state.
The court will also appoint someone to manage the estate, typically a surviving spouse or adult child. In some cases where there may not be a family member or other relative to be appointed as personal representative/executor/administrator or there is a familial conflict resulting in contesting the decedent’s will, the court may appoint a third-party to distribute the assets of the estate as specified by the instructions of the will or by Arkansas laws of intestacy.
What are the typical costs of probate in Arkansas?
Costs vary depending on the size and nature of the estate. Common probate expenses include:
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Court filing fees
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Attorney fees
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Publication costs (required for notifying creditors)
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Appraisal fees (if needed for certain assets)
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Personal representative compensation (which may be waived or accepted depending on the situation)
Do I need a lawyer for probate?
While you’re not legally required to hire a lawyer for probate in Arkansas, it’s often advisable—especially if the estate involves real estate, multiple heirs, or any disputes. A probate attorney can guide you through the process, ensure deadlines are met, and reduce the risk of costly mistakes.
An attorney works closely with personal representatives and families to simplify the probate process and help them meet all legal obligations.
Is there anything I should do now to make probate easier for my family?
Yes. Proactive estate planning can greatly reduce stress and legal expense later on. A few steps to consider:
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Draft a legally valid will
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Consider a trust if you have significant assets
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Keep your beneficiary designations up to date
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Title property in a way that reflects your estate planning goals
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Make a clear list of your accounts, insurance policies, and digital assets.
Even a few simple steps can make a significant difference for your loved ones during a difficult time.
