Nobody wants to go through a court battle after the death of a loved one. This process, also known as probate, is necessary in order to legally distribute assets. Although probate is often dreaded, it can help to understand a bit about the process – and how long it can take.
A Brief Glance at Arkansas’ Probate Process
Probate can be a long, complicated process for all involved. The actual timeline can vary depending on several factors such as the size of the estate, the number of current probate cases, debt resolution, and more. However, one of the most important factors to consider when looking at the probate timeline in Arkansas is whether or not there is a will.
With a Will
If a person dies with a will, the estate must still go through probate in most cases. The process begins with a petition to the court, who will determine whether the will is valid or not. In Arkansas, a will is considered valid as the creator meets certain criteria.
- Over 18 years old
- Of sound mind
- In writing (Arkansas allows hand-written wills as long as they are in the testator’s handwriting)
- Signed
- Witnessed by at least two other people
Other documents must be presented to the court, including a death certificate, property deeds, and banking documents, to name a few. Debtors and beneficiaries are then notified as well as the named executor. Taxes are also considered before the process is completed, which typically takes less than 9 months.
Without a Will
Dying without a will makes probate much more difficult, complicated, drawn out, and expensive. The process begins with a petition and notifications sent to creditors and beneficiaries. The court will name an administrator or executor to handle the distribution of assets. This process can be lengthy, especially if any part of the process is contested by an heir. It can also depend on the complexity of different types of assets. Typically, probate without a will in Arkansas can take a minimum of eight months up to several years.
Avoiding Probate in Arkansas
Many people hope to avoid probate to preserve privacy or save time and money. There are several different methods that can be used to shorten the length of probate – or avoid it altogether. For example, jointly held property does not pass through probate; instead, it’s passed directly to the other property owner. Other types of assets that don’t go through probate include assets held in a trust, gifted assets, accounts set up to pay or transfer on death, and others.
If your goal is to avoid probate, the best course of action is to establish a well-thought-out estate plan with the help of an Arkansas attorney that specializes in probate administration.
Hiring an estate planning attorney can preserve your legacy by setting up a plan that honors your wishes while lessening the burden on your family and loved ones. At L. Jennings Law, we take a thoughtful, compassionate, and experienced approach to each client’s estate planning goals. Contact us today to learn more about how we can help you set up an estate plan that’s right for you during a consultation with a member of our law team.
