How to Probate a Will in Arkansas

By Anna Assad

Probating a will in Arkansas allows you to settle the estate of your loved one. Probate is the legal proceeding used to validate a will and give authority to the named personal representative, the person who oversees the estate's financial affairs and transfers inheritances to heirs and beneficiaries. Arkansas does not have a separate probate court, so the proceedings are completed in the probate division of the circuit court with jurisdiction over the county where the deceased person lived.

Step 1

Get a death certificate for the deceased person. Visit the official website of the Arkansas Department of Health to see the options available to you if you need a certified copy of the certificate (see Resources).

Step 2

Visit the official website of the Arkansas Judiciary System to obtain the forms you need (see Resources). Download and print the following: Instructions for Completing Civil-Probate Cover Sheet; Civil-Probate Cover Sheet; and Petition for Probate of Will and Appointment of Personal Representative. Download and print two Proof of Will forms if you are filing an attested will with your petition. An attested will is a typed will that was signed by the deceased person and two witnesses. You may not need the proof forms if the will was filed with the probate division for safekeeping prior to the person's death. Visit the clerk's office of the circuit court's probate division to request the forms if you cannot print.

Protect your loved ones. Start My Estate Plan

Step 3

List any real estate owned by the decedent and estimate the market value of each property. Add the value together and label the total "Real Property." List personal items owned by the decedent. Estimate a total value for the personal items and name the total "Personal Property."

Step 4

Fill out the Civil-Probate Cover Sheet. Refer to the instructions you printed if you need assistance.

Step 5

Complete the Petition for Probate of Will and Appointment of Personal Representative. You need the following information: the deceased person's name, address, age and date of death; the date of the will; the full names, addresses and ages of all heirs, the deceased person's spouse, if any, and any beneficiaries under the will; and your Real Property and Personal Property figures. Fill out the executor section and sign the form.

Step 6

Have each witness to the will complete, sign and date a Proof of Will form. The form is an acknowledgment by the witness that he saw the deceased person sign the will, and that the person was of sound mind and not pressured at the time.

Step 7

Visit the clerk's office of the circuit court's probate division. Bring the completed petition, will proof forms, coversheet, death certificate, the will -- if you are filing the will the same day -- your Arkansas identification and a payment method, like a check. File the documents in the court. A filing fee may apply, but the amount varies by area.

Step 8

Comply with all court requests and requirements. Attend any hearings on your petition or those involving the estate.

Protect your loved ones. Start My Estate Plan
How to File a Last Will & Testament in Ohio
 

References

Resources

Related articles

How to Become the Executor of a Deceased Relative's Estate in Pennsylvania?

In Pennsylvania, an executor is the person named in a will to administer the deceased's estate. The only way to become an executor of your relative's estate is to be the person named in the will. However, the person named as executor in the will must ask a probate court to name her as the personal representative of the deceased for the purpose of administering the estate.

Arkansas Will and Testament Filing

In Arkansas, as in most states, the probate process begins with filing the deceased’s will. It is a necessary first step before any payment of the deceased’s debts and distribution of his property to his beneficiaries can begin. The Circuit Court in the county where the testator lived when he passed away oversees probate. The court permits jury trials in the event of a dispute, and can punish anyone who doesn’t cooperate with the probate process with contempt of court.

How to Change a Legal Name in Oregon

You can change your legal name in Oregon for various reasons, as long as you're not doing so to commit fraud or hide from court actions or financial obligations. Name change proceedings are conducted in the probate or county circuit court of the Oregon county where you reside. Oregon has numerous filing requirements for a legal name change, and you must submit all the forms in order to change your name.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

How to Order Copies of Kentucky Wills

A will is document listing the last wishes of a deceased person and instructions for the transfer of assets to heirs. ...

Do You Have to Wait 30 Days for a Decree of Divorce in Arkansas?

Even if divorcing spouses agree on all marital issues, such as custody and property division, Arkansas imposes a 30-day ...

How to Probate a Will in Kentucky

Probate in Kentucky is handled by the district court responsible for the county where the person died. Probate is the ...

How to Probate a Will in New York

Probating a will in New York allows you to access the assets of a deceased person, distribute shares of the estate to ...

Browse by category
Ready to Begin? GET STARTED