Losing a loved one is hard enough without having to untangle what happens to their property afterward. If you are an heir, a named executor, or just trying to plan your own estate, one question comes up repeatedly: does this actually have to go through probate?
In Arkansas, the answer largely depends on how the asset was owned. Here is a simple breakdown to help you move forward.
Probate is the court process that transfers a deceased person’s property to their heirs or beneficiaries. It is handled by the Probate Division of the Circuit Court in the county where the person lived when they died. The court confirms the will (if there is one), appoints someone to administer the estate, makes sure creditors and taxes are handled, and distributes what is left.
Not everything a person owned goes through this process, though. Probate only controls assets that are not already set up to transfer at death.
Generally, probate is required in Arkansas when the deceased owned property solely in their own name with no automatic transfer mechanism attached. Common examples include:
If any of these exist and there is no alternative available (more on that below), someone will typically need to open a probate case, either because a will names an executor who needs legal authority to act, or because there is no will and the court needs to appoint an administrator.
Many assets bypass probate entirely because they transfer automatically by operation of law or contract. Some examples include:
If most of what someone owned falls into these categories, there may be little or nothing left that actually requires a court proceeding.
Whether probate is “required” in Arkansas really comes down to a simple test: at the time of their death, did the deceased own something, solely in their name, that does not already have a built-in way to pass to someone else?
Every family’s situation can have challenges or unique circumstances to work through including jointly titled real estate, blended families, and disputed wills, so if you are unsure which category your situation falls into, it is worth a consultation with an Arkansas probate attorney or the Circuit Clerk’s office in the relevant county before you decide which route to take.
Probate is the court process that transfers a deceased person’s property to their heirs or beneficiaries. In Arkansas, it is handled by the Probate Division of the Circuit Court in the county where the person lived when they died.
Probate is generally required when the deceased owned property solely in their own name with no automatic transfer at death. Common examples include real estate titled only in their name, bank accounts without a payable-on-death designation, and vehicles owned only by the deceased.
Assets that transfer automatically do not go through probate. These include jointly owned property with right of survivorship, property held as tenancy by the entirety, accounts and policies with a named beneficiary such as life insurance, retirement accounts, and POD or TOD accounts, and assets held in a living trust.
It depends on how the house is titled. If it is owned with right of survivorship or as tenancy by the entirety, it passes directly to the surviving owner. If it is held as tenants in common, the deceased owner’s share generally goes through probate.
Probate in Arkansas generally takes about 6 to 12 months, largely because creditors have 6 months from the first publication of notice to file claims.
Probate rules and thresholds can change, so it is worth confirming current requirements before you act. If you have questions about how probate applies to your situation, call Lovell, Nalley & Nalley at (501) 315-7491 or fill out the online form to set up an initial consultation at no cost to you.
DISCLAIMER: This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Contact our office directly to discuss your specific situation.
John Doyle Nalley is the managing partner of Lovell, Nalley & Nalley in Benton, where he handles litigation matters including personal injury, real estate transactions, probate, and insurance claims. He earned his law degree from the University of Arkansas at Little Rock School of Law, was admitted to the Arkansas Bar in 1986, and has more than four decades of experience. He holds an AV rating from Martindale-Hubbell.
