Probate refers to the formal legal process of bringing a person’s will to court after they have passed away. Probate courts in Arkansas are responsible for receiving these documents and managing the probate process by supervising the individual appointed as the executor or personal representative.
The probate court requires that the deceased’s family alert the public to protect the ability for all creditors to step forward and get those bills paid before the remainder inside the estate is distributed to heirs. While probate might have a negative connotation, plenty of families need the type of court oversight provided by probate to verify that the estate is handled appropriately according to the deceased’s wishes.
Furthermore, a person appointed in the role of executor or personal representative can find themselves in over their head without the support of an Arkansas probate attorney. When working with a probate attorney in Arkansas, the executor has a better understanding of each step of the process and can have a place to turn to for getting their questions answered.
The management of an estate can look different based on many different factors. From simply probating a will that is relatively straightforward to defending or prosecuting disputed cases involving substantial sums of money, you need to be able to trust your case to an experienced Arkansas probate lawyer who has years of experience in this field. Understanding the process one step at a time and breaking down any of the more complex processes into easy to understand procedures can be instrumental for family members, heirs, beneficiaries, trustees and executors.
Understanding Probate Services
Completing the process of probate as quickly and inexpensively as possible is a top goal for plenty of people. If your loved one passed away without a will, you will still need to go through the probate process. This can eb a difficult and emotional process for family members but having the guidance of an attorney can minimize these issues.
Other concerns that can emerge during probate include contesting a trust or a will. These documents and structures can be set aside if you can prove that they are the result of fraud. If you have questions about the validity of a trust or a will, you may need to retain an attorney as soon as possible to show that the deceased’s inheritance should be distributed in another manner. Inheritance issues are also common concerns in Arkansas. If you have inheritance questions because you believe that you are not receiving the inheritance you are entitled to from the executor of the estate, or are not sure if you are entitled to an inheritance overall, you should share these concerns with an attorney who has plenty of experience in this field of the law. Probate is typically started when a relative of the deceased works with a probate attorney in Arkansas to begin a petition for probate. This can be done with or without a last will and testament. In regular probate a six month notice is required to allow creditors to step forward and make a claim to being owed a portion of the estate. An executor or executrix is appointed through the deceased’s will in most cases but the court will also appoint someone in the role of executor if there is no will. The executor is responsible for making sure the will is properly carried out according to the wishes of the deceased.
Without a will the person who petitions the court to probate is usually named as the personal representative of the estate. In Arkansas you have no more than five years after the loved one has passed away to start probating a will and a probate process on a small estate can be relatively easy, but a regular estate including a six month notice to creditors usually takes 9 to 12 months. This can be a much longer process especially if aspects of probate are contested.