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Some ways to avoid probate proceedings in Arkansas include: Using a living trust, Qualify for Arkansas small estate laws, or. Transfer on death designations.
While most estates in Arkansas do have to go through the probate process, an estate planning attorney can file an affidavit to skip probate if the following conditions exist: The estate has no debts. The estate is worth less than $100,000. No one is contesting the will.
Living Wills Arkansas law says that any person of sound mind and who is 18 years of age or older can make a declaration or statement that will tell a physician and the person's family what he wants done in his medical treatment if he becomes terminally ill or permanently unconscious.
A will does not have to be recorded or filed in court, but it can be deposited with a probate court for safekeeping.
In Arkansas, an heir must submit a will to their circuit's probate court within five years of the person's death.
To successfully pursue a will contest you must have legal standing, which generally means you have a personal interest in the outcome of the case as an heir at law or as a named beneficiary of an estate planning device.
In order to create a valid will in Arkansas, you should declare to two or more witnesses that the document is indeed your will. You should then sign the will in their presence. They should in turn sign the will to verify that they witnessed its execution and can attest to its validity.
While Arkansas does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Arkansas law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine?meaning your POA is more ironclad.