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Dying Without a Will in Arkansas If there isn't a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative. The executor or personal representative takes care of the estate of the decedent.
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.
The Administrator of an Estate is the person in charge of compiling assets and managing the Estate through probate court. An Administrator, or personal representative, is typically named within the Estate Plan. If the deceased did not have a Will or Estate Plan, the Administrator will be nominated by the court.
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 role of the Administrator involves estate administration ? in short, taking care of all of the deceased's assets, debts, and taxes. They are also responsible for distributing inheritance to the beneficiaries of the estate once they have completed all other obligations.
Estate administration is the overall process of managing and distributing the assets of a deceased person. In Arkansas, probate is typically required when a person dies with assets that are not jointly held or are not otherwise transferred through a non-probate means such as a trust or beneficiary designation.
One of the most important reasons to make a will is to name your executor -- commonly called a "personal representative" in Arkansas. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.
Statute of Limitations A will must be submitted to the probate court within 5 years of the decedent's death. An administration must also be granted within 5 years of the decedent's death. Ark. Code Ann.