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How do I get letters of testamentary in Arkansas? Settling an Estate in Arkansas The will must be filed with the circuit court in the county where the decedent lived. An executor is appointed to oversee the estate, and the court provides letters testamentary to them.
How to Settle a Large Estate in Arkansas Step 1: Appoint a Personal Representative. ... Step 2: Petition the Probate Court. ... Step 3: Notify Named Heirs & Creditors. ... Step 4: Inventory & Appraise the Estate's Assets. ... Step 5: Handle the Property Sale. ... Step 6: Final Accounting. ... Step 7: Final Distribution & Estate Closing.
Arkansas requires that notice be published for two consecutive weeks, with proof of publication provided to the court. Arkansas allows creditors 6 months to file a claim for payment of any legitimate outstanding debts owed by the estate.
To use the small estate process: Arrange for any estate debts to be paid. Submit an Affidavit for Collection of Small Estate by Distributee to the court (attach a copy of the death certificate and the will if any) The court will certify your affidavit, which you can then use to obtain possession of estate assets.
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.?
If Probate has not been opened, then you cannot file a claim against an estate? Next, you need to fill out the claim form and file it with the County Clerk. You can find the form to claim at The Official Arkansas Probate Forms (Form 18). After the caption, you will type in the rest of the form, date, and sign it.