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Wills and Estates

Living Trusts, and Filing Wills and Managing Estates

Probate Court and the Probate Process

The probate courts in Arkansas oversee the administration of property after death. The passing of one's property, whether they had a will or not, must be managed by an executor under the supervision of the probate court. Probate Court is the court supervision of the transfer of legal title of personal and/or real property from the estate of the person who has died (the "decedent") to his or her relatives, heirs, or beneficiaries.


When a person passes away who owns personal and real property, the process of transferring those assets can be complicated. The executor of the estate will have to fill out court forms and may have to appear in court on several occasions to:


Estates

For a family coping with the loss of a family member, probate can be an unpleasant experience. Unfortunately, it can not always be avoided. The process is timely (a minimum of six months from the start of the court process to distribution of assets) and sometime costly, but is required by Arkansas law for most estates. There are some exceptions and different procedures and costs for small estates.


When a will or trust is challenged in probate court, a decedent's last wishes may, unfortunately, result in a lawsuit. That is why it is important to find an experienced Little Rock estate planning attorney who can draft a will or trust that expresses your wishes.


Tips for Avoiding Probate Contests and Estate Disputes

A will or trust dispute can result in a significant delay in the distribution of a decedent's assets, and can also become rather expensive. The executor must pay the cost of litigation for a will contest out of the proceeds of the estate, thereby significantly depleting the beneficiaries' shares. Here are some suggestions for preventing disputes among your beneficiaries:


We hope that you will contact the Owings Law Firm if you need help with Estate Planning, creation of a Living Trust, or in connection with the administration of an Estate.


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