We Can Answer Your Questions About Arkansas Probate
The attorneys of Robertson, Oswalt, Nony & Associates have over 50 years of combined experience in Arkansas courts. We are litigators with highly respected courtroom skills. When people from across the Little Rock area have questions about probate, we have answers. We will take the time to listen to your concerns and offer answers that you can trust.
While many probate questions are exceedingly case-specific, there are some general questions that we frequently receive that we’ve placed the answers to below:
Does probate require a will?
If an estate goes to probate without a will, the state will decide how to resolve the debts and assets of the estate through intestate succession. Intestate succession is a process that looks at the familial relationships of the survivors and disperses assets according to their “closeness” to the deceased.
A will – or a comprehensive estate plan – can vastly decrease the costs and time it takes to probate an estate. It also allows a person to have more precise control of who receives their assets.
How long does probate take?
There is no set time limit for a probate case. A significantly complex probate matter can last years, depending on several factors. However, probate will not take less than six months because, by law, that’s the time limit for creditors to submit a claim against the estate.
What is my role in the probate process for my loved one’s estate?
You may not have any role in the probate process unless you are the executor of the estate. Even if you were the deceased’s power of attorney, you might not have a specific role.
As an executor, it is your fiduciary duty to carry out the deceased’s wishes and administer the estate. If you are a court-appointed executor, this may require following Arkansas law on the probate administration process.
When do I need to contest a will or trust?
Contesting a will or a trust is a high-stakes issue. It is an extremely contentious, complex process. The most common reasons to contest a will include suspected instances of:
- Undue influence
- Duress
- Fraud
- Forgery
Often those close to passing are extremely vulnerable. If there is even a hint that they were victims, you may need to pursue legal action to right the wrong.
Is it possible to avoid probate?
In Arkansas, there are ways to avoid the probate process through effective estate planning. Those who wish to avoid probate can pursue such options as:
- Living trusts
- Jointly owned assets
- Transfer on death assets
These options avoid probate by transferring ownership of the asset from the deceased to another entity. Depending on your situation, one may be more appropriate than another.
However, if there was no plan before a person’s passing, the estate will have to go through probate.
Answering Your Questions. Fighting For Your Needs.
There is a good chance that you will not know what is ahead of you when you have to go through the probate process. Probate law is complex, and to get through what is ahead, you will want to rely on representation you can trust.
We are experienced litigators and aggressive strategists who seek effective results. Reach out today by calling 501-588-4451 or sending us an email. From our office in Arkansas, we help clients throughout Arkansas.