Probate & Trust

Arkansas Probate Lawyer Ready to Help you Today!

Law Offices of Mark Robinette accepts probate cases in all Arkansas Counties. If you are having trouble with the title to your real property because of a probate issue, there are many available solutions that an Arkansas probate attorney or lawyer can provide. The issue comes up again and again with mineral interests.close up of will If you’ve learned that you have a mineral interest in Arkansas from a long deceased ancestor, you should consult an attorney to determine if your ancestor’s estate requires probate. Delaying probate can cause significant problems, and under certain circumstances, the loss of the property.

Probate court is a division of Circuit Court in Arkansas.  Formerly, probate was in the Chancery Courts.  By Constitutional Amendment, the Chancery Courts merged into the Courts of Law.  Now, Circuit Court sits in probate. If your departed loved one left a will (i.e. died testate), it may be admitted to probate within 5 years of death.  For non-residents, the time period is the longer of 5 years or the statute of limitations in the original state of probate (provided that the will was probated in the original state).  Provided the will meets the minimum requirements of attesting witnesses and proof of witnesses, the will is eligible for probate in Arkansas. In Arkansas, a will may be admitted to probate for administration or for purposes of proving title.  With administration, the estate must stay open at least six months.  In the case of proving title, the time period is shorter.  With administration, an executor must be appointed and follow many complex statutory rules. If your loved died without a will, then default intestate heirship applies,   In general, the deceased’s children take equal share of the estate.  To prove title to an  intestate’s property, a petition to determine heirship is used.  The estates of intestates may also be administered.  This follows the same complex rules governing administration of testate estates. An alternative to formal probate is the affidavit of small estates.  This allows an informal affidavit to be used in place of pleadings.   The cost is considerably less than a formal probate, but the limit on the estate value is $100,000 and the deceased must owe no debts.  Any estate worth more than $100,000 or where the deceased owes debts must go through formal probate.

Local Attorney for Ancillary Estate and Guardianship Proceedings in Arkansas

The firm can serve as local attorneys for out of state firms in Arkansas ancillary probate proceedings. Because the law of the site of the property governs, estates with assets in Arkansas must under probate in Arkansas to carry out distribution under a will. The same is true of sales of property of incompetent persons. Guardianships in other jurisdictions do not control the validity of the sale of real estate in Arkansas.

Will and Trust Contests in Arkansas

If you suspect that your loved one’s will was not genuine or given under undue influence, you have options. Forged wills can be contested as can wills that are the product of undue influence, duress, or incompetence. There is only a very short window to act to contest a will. You should contact an attorney immediately upon getting notice of probate. With trusts, there are options available to dissolve a trust made under undue influence or by an incompetent parent.

Law Offices of Mark Robinette has an Arkansas probate lawyer, Arkansas probate attorney, Arkansas will lawyer, and Arkansas will attorney that accepts will and probate cases in all Arkansas Counties including:  Arkansas County, Ashley County, Baxter County, Benton County, Boone County, Bradley County, Calhoun County, Carroll County, Chicot County, Clark County, Clay County, Cleburne County, Cleveland County, Columbia County, Conway County, Craighead County, Crawford County, Crittenden County, Cross County, Dallas County, Desha County, Drew County, Faulkner County, Franklin County, Fulton County, Garland County, Grant County, Greene County, Hempstead County, Hot Spring County, Howard County, Independence  County, Izard County, Jackson County, Jefferson County, Johnson County, Lafayette County, Lawrence County, Lee County, Lincoln County, Little River County, Logan County, Lonoke County, Madison County, Marion County, Miller County, Mississippi County, Monroe County, Montgomery County, Nevada County, Newton County, Ouachita County, Perry County, Phillips County, Pike County, Poinsett County, Polk County, Pope County, Prairie County, Pulaski County, Randolph County, Saline County, Scott County, Searcy County, Sebastian County, Sevier County, Sharp County, St. Francis County, Stone County, Union County, Van Buren County, Washington County, White County, Woodruff County, Yell County