What is the statute of limitations for probating a will in Arkansas?

If the deceased is a resident of Arkansas, the time limit to probate a will is 5 years past the date of death.  With non-residents, the time limit is more flexible.  Any will admitted to probate in another state in a timely manner may be probated in Arkansas at any time.  There are date restrictions.  The will of anyone who died prior to the effective date of Act 166 of 1963, whether a resident or non-resident is subject to a strict 5 year statute of limitations.   Prior to Act 166 of 1963 and the effective date of Act 140 of 1949, the strict 5 year statute of limitations applied.  Prior to Act 140 of 1949, there was no statute of limitations.  The courts have contradictory holdings on the retrospective application of Act 140 of 1949.  Contact Law Offices of Mark Robinette to discuss if you face this complicated, but rare problem.

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