In Arkansas, probate is necessary if someone has passed away, that person owned probate assets, and that person did not have their probate assets put into a Trust or other mechanism that avoids probate in Arkansas.
Many people have been led to mistakenly believe that a Last Will and Testament avoids probate all together which is wholly inaccurate. A Last Will and Testament DOES NOT avoid probate in Arkansas, it simply tells the probate Court who you want to receive your assets rather than leaving it up to the court and Arkansas law to decide. The only way to avoid probate is to either not own any probate assets, to gift all of your assets to someone else, or to have your assets put into a Trust. Certain probate terms have been defined in a previous post, A Description and Definition of Certain Probate Related Terms.
The information provided herein is for informative purposes only, it is not a complete description of Arkansas law, it is written for ease of understanding, and it does not constitute legal advice. You should seek specific legal advice for your particular case.
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
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