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Listed below are some of the assets that will not have to go through probate and instead go directly to the beneficiaries. Any property in a living trust. Life insurance policies. 401(k)s, IRAs, other retirement accounts. Securities in transfer-on-death accounts. Pay-on-death bank accounts.

To avoid probate, most people create a living trust commonly called a revocable living trust. It is “revocable” because you may revoke it at any time. In a living trust, the trust is the owner of the assets and not you. Thereby, assets in the trust can skip probate.

Even if there is a valid Last Will and Testament you must go through probate court. Arkansas Code Ann 28-40-104 states, “No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate.”

The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate. If there is a Will, an executor will likely be named in it.

There are many ways to avoid probate, such as owning property jointly, Payable on Death (POD) accounts, or giving the property away before death. You can also avoid or shorten the probate process with small estate laws.

Filing of Small Estate Claims If your loved one has passed away and the estate's value is under $100,000, you can submit the estate for small estate probate by filing an affidavit of small estate claim. The file costs $25, and a certified copy costs $5. Visit the Arkansas Law Help for more details.

§ 28-41-101. All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate.

In Arkansas, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

If you have children or other descendants, your spouse has the right to a third of your real estate for life. After your death, your children or descendants will inherit the property outright, except for the third that your spouse is entitled to. Your spouse will then inherit a third of your personal property.