Blog & Information

In short, yes.

This is a general explanation of the primary steps of analysis of a standard Arkansas probate. This process can vary greatly depending upon many factors and your circumstances may be different, but generally, this is the process you can expect.

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.

1. Probate Assets. Probate assets are generally any of the following assets that were owned by the decedent individually and not owned jointly with another person including:

   - Real property titled solely in the deceased individual’s name (land, house, etc.);

   - Cars, trucks, boats, and basically anything with a title;

If you have had a loved one that passed away, and if that person had probate assets upon death, then you are likely on the path of needing to probate and administer that decedent’s estate in an Arkansas court.

In Arkansas, in terrorem clauses, also known as “no-contest clauses,” are provisions in Wills and Trusts that generally seek to prevent a beneficiary or any other party from contesting the validity of the Will or the Trust by disinheriting the beneficiary or party if they contest the Will or the Trust.

In Arkansas, when someone passes away without a valid Will, they are said to die intestate. In such cases, their estate is distributed according to Arkansas intestacy laws.

In Arkansas, there are many different ways to ensure that your estate is administered and your assets are transferred to your heirs or beneficiaries without the need for probate or court intervention. Every person’s situation is different and what works for one person may not work for another.

After having several clients and folks in the Batesville community ask me some variation of the following question, “what is the most common issue that you come across that divides families”; I decided to write this blog and explain this common problem that can be easily addressed and resolved.