Probate with a will

a will must be probated to take effect

When someone passes away and leaves behind a will, the will usually contains instructions on how the person’s assets (like money, property, and possessions) should be distributed among their family or other people they want to give them to.  However, just writing a will is not enough to make sure that your wishes are carried out correctly.  The will must be “probated.”

Probate is a legal process that helps make sure the instructions in the will are carried out correctly. This involves going to court and having a judge look at the will to make sure it’s valid and legal, and then overseeing the distribution of the assets according to the instructions in the will.

This process is important because it helps prevent problems like disputes between family members over who gets what, or people making false claims to the deceased person’s assets. It also helps ensure that the person’s wishes are respected and carried out properly.

So, in short, a will must be probated to make sure the deceased person’s assets are distributed according to their wishes and to prevent problems and disputes.

The probate process in arkansas

The  will normally will nominate someone to serve as Executor of the estate.  Usually this person will file a Petition with the Probate court in the county where the person who passed away lived at the time of their death.

The Petition will ask the Court to determine that the will is valid and will also ask to appoint this person as the Executor.

Once the will is admitted to probate and the Executor is appointed, the Executor will publish an ad in the paper and give notice to all known creditors.  This starts the clock running for the time to make claims against the estate.  Claims must usually be filed within six months of the first date of publication of the notice.

During this time, the Executor will be working to find all estate assets and all claims against the estate.

Once the claim period is over, the Executor will determine if there are any valid claims against the estate. If the estate has enough assets to pay the claims, the Executor will file a motion asking for Court approval to pay the claims.  The executor can also dispute claims and ask the Court to determine if the claims are valid.  

Once the claims have been paid, the Executor will file a motion for authority to distribute the remaining assets to the people listed in the will.

How long does probate take?

Unfortunately, the probate process is not quick.  For a simple, uncontested estate, the process will take approximately nine months to a year.  Creditors must be given at least six months to file a claim, and the clock doesn’t start running until the Executor has published notice of the estate in the paper.

How much does probate cost?

We charge a flat fee of $2,500 plus costs for most uncontested probate cases.   

This fee will vary based upon the amount of claims that are filed against the estate and on the amount of assets that must be administered in the estate.   In these cases, the attorneys fee may be based upon the sliding scale provided in the Arkansas statutes.