Arkansas Small Court Affidavit Creditor Withholding

State:
Arkansas
Control #:
AR-EB723
Format:
Word; 
Rich Text
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Description

Under Arkansas statute, a party entitled to the proceeds of an estate may claim said proceeds by filing a small estate affidavit. The affidavit must state, among other things (please see below), that forty-five (45) days have passed since the death of the decedent, that the estate is valued at less than $100,000, and that all claims against the estate have been paid. After the filing of this affidavit with the clerk for the probate court, and a finding that the below statute has been complied with, the probate judge will issue an order releasing the proceeds of the estate.

How to fill out Arkansas Small Estate Affidavit For Estates Under $100,000?

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FAQ

Arkansas generally follows federal wage garnishment law. For most people, when a creditor garnishes your wages in Arkansas, it can only take 25% of your wages at most. But Arkansas offers more protection for laborers and mechanics.

An Arkansas small estate affidavit is used to collect the personal property of a person who died in situations where the person had an estate valued at less than $100,000. It cannot be filed until 45 days have elapsed since the death of the decedent.

Arkansas also places a five-year statute of limitations on debt collection. Debt older than five years does not have to be honored.

The estate executor must attach a copy and pay a $25 filing fee to file the affidavit in the probate court clerk's office. If the decedent owned property, a death notice and affidavit must be published in a local, widely-distributed newspaper within 30 days of the filing.

How do I fill out a form WG-006? Write the name and contacts of the attorney, the address of the court, case number and names of the plaintiff and the defendant as stated in the notice of levy. Don't write anything in the left corner of your Claim of Exemption.

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Arkansas Small Court Affidavit Creditor Withholding