Yes. If the decedent died with probate assets (defined in as separate blog) and there is a Last Will and Testament, then that Last Will and Testament MUST be admitted to the Arkansas probate court and the probate court must oversee the administration of that estate and that Last Will and Testament. It is a common misconception that a Will does not require probate or that having a Will bypasses probate, and this is fundamentally untrue.
To take it upon oneself to administer, ignore, or destroy a Last Will and Testament is a significant violation of the Arkansas Probate Code. No person (either an heir, beneficiary, or anyone else named in the Will) has any legal ownership over any of the decedent’s probate assets unless and until the Last Will and Testament has been admitted and declared valid by the Arkansas probate court.
Located in Batesville, Melbourne, and Heber Springs, Arkansas, and serving all of Arkansas, Reeves Law Firm stands ready to handle any civil, estate, family law, guardianship, personal injury, probate, or any other litigation matters that may arise.
Reeves Law Firm primarily serves Independence County (Batesville), Jackson County (Newport), Sharp County (Ash Flat, Highland, Cherokee Village), Lawrence County (Walnut Ridge), Cleburne County (Heber Springs, Greers Ferry, Fairfield Bay), Izard County (Melbourne), Stone County (Mountain View), White County (Searcy), and Baxter County (Mountain Home).
Give us a call in Batesville, Arkansas, at (870) 793-0021
Give us a call in Heber Springs, Arkansas, at (501) 302-8383
Give us a call in Melbourne, Arkansas, at (870) 291-9374
Lawyers in Arkansas – Expect the Best. Expect Results.