If you’re facing probate for a family member or other loved one’s assets, you’re probably overwhelmed by the process. Probate laws aren’t exactly common knowledge, and while there are steps one can take to avoid probate, many Arkansas residents don’t have a solid estate plan in place. That leaves their property and other assets up to state probate court to distribute, which can be a costly process.
How Probate Works in Arkansas
Probate is a legal process that distributes a person’s property after his or her death. Property can include personal belongings, real estate, vehicles, accounts, and other items that make up the estate. You can write a valid will to dictate how you want your assets to be distributed, but even with a will, those assets must go through probate. The process is much simpler with a will, and other estate planning strategies can keep certain assets out of probate altogether.
Probate With a Will
The probate process begins when a person dies. A petition must be filed along with the death certificate, after which the court will name an executor. If there is a will, it must be validated by the court before the executor can begin the next steps of notifying heirs, paying taxes and debts, and distributing assets. Costs are typically lower because the process is easier to handle; that is, unless the will is contested.
Probate Without a Will
Probate without a will can be much more complex. Once the court appoints an executor, he or she must first pay all debts from the estate’s assets. Because a person who dies without a will is said to be intestate, the state’s intestacy laws apply to who gets named an heir. Who gets what depends on whether the decedent has a surviving spouse, children, grandchildren, etc.
A Lawyer’s Role in Probate
There are no laws in Arkansas that require a lawyer for probate, but neglecting legal representation in complicated matters like estate law can be a mistake. Whether you’re facing probate with or without a will, a probate attorney can help guide you through the entire process and make it as easy as possible for you. An experienced lawyer understands the most common setbacks in probate cases and can apply his or her knowledge of Arkansas probate law to your case.
Offering advice and legal representation aren’t the only things a probate lawyer does. There are several things a probate lawyer can do to help the process go more smoothly.
- Locate and secure assets
- Resolve tax matters
- Prepare and file court documents
- Manage life insurance policies
- Locate beneficiaries and transfer assets
Contact an Arkansas Probate Lawyer Today
Before you face probate alone, you should understand what’s ahead and how to approach the process for the most positive outcome. The skilled attorneys at L. Jennings Law provide a compassionate and knowledgeable resource for you so you can face probate with confidence. Additionally, we can help you create your own estate plan to ensure that your loved ones don’t have to go through the complicated probate process themselves. Contact L. Jennings Law today to discuss your needs with a member of our law team.
