Articles Related to Tag: estate planning

This discussion will describe the most common situations that arise which necessitate the intervention of the Court and often times significant litigation involving the misbehavior of the Administrator, Executor, or Trustee. 

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;

In Arkansas, one of the most important reasons to create a Will is to name an executor or executrix.

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.