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In Arkansas, executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This means they must act with care, loyalty, and impartiality while carrying out their responsibilities. Executors may also hire professionals, such as attorneys or accountants, to assist them in their duties.
In Arkansas, executor fees are calculated based on a percentage of the estate's worth, with the rate varying depending on the size of the estate. The fees shouldn't be more than 10% of the first $1,000, 5% of the next $4,000, and 3% of the remaining estate balance.
The appointed executor of a will has legal authority and power over the estate of the deceased. They have the power to take control of the assets of the estate, sell property, pay debts and taxes, and distribute property to the beneficiaries.
The process starts with a petition to the court in the county where the decedent lived at the time of death. The petition, also known as an application, asks the court to appoint an administrator. This is usually done by the person who wants to be the administrator.
The Personal Representative is the person held responsible for proper ?settlement? of the estate. If an individual dies with a will (known as ?testate?), the will usually identifies the Personal Representative that individual chose to serve in that capacity.
In Arkansas, an heir must submit a will to their circuit's probate court within five years of the person's death.
If any of these conditions apply, an estate might be able to avoid probate: Total estate value is less than $100,000 (and all debts, claims and any judgments have been paid) No Personal Representative has already been appointed. There is no petition for an appointment that is pending.
Probate is the legal process that you must follow to transfer or inherit property after the person who owned the property has passed away.