Probate Practice Area

The death of a loved one or friend is one of the most stressful events we will ever experience. While going through the grieving process, making arrangements, and wrapping up affairs, it can be hard to know where to turn or what to do. The responsibilities of those taking care of their loved ones’ legacies are great, and it is completely natural to feel overwhelmed during such a tough period. Probate can seem intimidating and confusing.

At The Arkansas Law Group, we can help you navigate the legal process after your loved one’s death. We know these are some of the most difficult and confusing times one can encounter, and we treat our clients with the utmost empathy and great sensitivity during these personal journeys. Each family experience is unique, and we handle the probate process as carefully as we would handle our own family’s affairs, as gently and with as much grace as possible. We can also help you plan for paying for nursing home care for those who survive or making sure that they are protected if they can no longer make choices for themselves.

What Does a Probate Attorney Do?

Probate attorneys are among the most important in the legal world. They help families or individuals through the probate process by helping families properly divide belongings.

At The Arkansas Law Group, we know how dealing with the difficulties of probate matters can be overwhelming, especially during a time of grief and loss. We will do anything to help make things easier.

Think of us as your legal guide through this process. We’ll help you navigate the intricacies of the probate process from start to finish.

Whether you need assistance with filing paperwork, navigating probate court, or understanding the rights and responsibilities of heirs and beneficiaries, we’re here to help.

We also have the expertise to assist with probate litigation, which can arise if there are disputes in distributing assets or challenges to the validity of a will or trust. We’ll stand by your side, advocating for your rights and ensuring a fair resolution.

In addition, we can provide guidance on estate planning, helping you create a comprehensive plan that includes wills, trusts, and other estate planning documents. By planning ahead, you can avoid the probate process altogether or minimize its impact on your loved ones.

Probate Lawyer vs. Estate Planning Attorney

The roles of a probate lawyer and an estate planning attorney are sometimes confused with one another. So let’s break down their similarities and differences.

An estate planning attorney will help a client create a solid estate plan that reflects their wishes and intentions for their assets and loved ones after they pass away.

A probate lawyer helps their families and loved ones work through the often confusing maze of the probate process. Your probate lawyer will handle any legal issues that arise during the probate process, such as representing you in probate court or handling probate litigation.

At The Arkansas Law Group, we have a team of skilled probate lawyers and estate planning attorneys who can assist you with all your legal and estate law needs. So whether you need help with probate or estate planning, we’ve got your back.

Arkansas Probate Timeline

1 – 4 Weeks

After we are hired, we will immediately get all the information together and start drafting the documents to file for probate:

Week 1 – gather all information and draft legal documents
Weeks 1-2 – get client approval and file the probate documents
Weeks 2-4 – file documents with the court and wait for court approval

2-5 Weeks

Once everything is filed, we have to wait for the court to sign the order.

Weeks 2-4 – get an order from the court appointing a personal representative
Weeks 3-5 – obtain a bond and get approved if required by the court
Weeks 4-6 – File acceptance and obtain Letters

Month 2

Once the probate is opened and a personal representative is appointed, the probate starts:

Run an ad in the paper notifying creditors and heirs
File inventory, if not waived
Obtain Estate Tax ID Number
Start gathering estate assets

Months 3-9

Once the notice in the paper runs, the estate can start being closed 6 months later:

Gather Assets
Sale assets if required
Wait and see if any claims are filed against the estate
Object to improper claims

Months 9-12

Once the creditor period is over, we can begin to close the estate:

Compile all assets, expenses, and claims
Object to any improper claim
Start paying expenses and claims
Petition Court for Final Distribution
Make Final Distribution to heirs
Close Estate

When Can a Will Be Contested?

In the world of probate law, a contested will is a huge can of worms. It means that someone has challenged the validity or terms of a will, which can lead to some lengthy and serious legal battles.

As probate and estate attorneys here at Butler Law Firm, we’re no strangers to these types of situations. We’ve seen it all, from long-lost family members suddenly showing up to disgruntled beneficiaries questioning the mental capacity of the deceased.

Here are some common situations in which a will may be contested:

Undue Influence

If someone believes that the deceased was coerced or manipulated into making certain provisions in their will, that person may contest its validity.

Lack of Capacity

If it can be proven that the deceased lacked the mental capacity to understand the implications of their will at the time it was made, it could be grounds to content it.

Fraud or Forgery

If there’s reason to believe that the will was forged or that someone tampered with it, that will surely lead to a legal battle

Improper Execution

Wills have specific requirements for how they should be signed, witnessed, and notarized. If these requirements weren’t followed to a “T”, the will may be deemed invalid.

Who Inherits If There Is No Will?

When it comes to inheritances when someone dies without a will, otherwise known as dying intestate, the rules can seem a bit tricky. At Butler Law Firm, we always encourage our clients to have an estate plan in place that clearly communicates their wishes.

Working proactively with dedicated estate lawyers will give the client and their families ease even beyond their passing. To get a better understanding, here’s a simple breakdown of how inheritance works when there is no will in Pulaski County:

If there are no children and the marriage has lasted less than 3 years, half of the estate goes to the spouse, and the other half goes to the parents.

If there are no children and the marriage has lasted more than 3 years, the entire estate goes to the spouse

If there are children but no spouse, the entire estate is divided equally among the children.

If there are children and a spouse, one-third of the estate goes to the spouse, and the remaining two-thirds is divided equally among the children.

For children to qualify, they must be the person’s biological or adopted children, regardless of their age. And even if the person has children from different marriages, all children inherit equally. Stepchildren, on the other hand, do not automatically inherit but can be included in an estate plan if desired.

Does Probate Administer All Property of the Deceased?

Probate is the process of administering the estate of a deceased person — often called a “decedent” in legal terms. However, probate courts don’t administer all the property of the deceased. You see, probate administration is only required for property that was owned by the individual at the time of their death.

On the other hand, property that is not subject to probate includes assets that are held in a Revocable or Irrevocable Trust. These would be property that is jointly owned with rights of survivorship, and property that has a designated beneficiary, such as life insurance policies or retirement accounts.

The goal of probate is to transfer the assets of the decedent to their rightful heirs. However, sometimes a probate may need to be opened even if there are no assets to distribute.

For example, in a personal injury case, a probate may need to be opened to pursue a wrongful death claim on behalf of the deceased. In these cases, a probate attorney will know when and how to open this type of probate.

Probate and Estate Planning: Ante-Mortem Probate

Ante-mortem probate may not be a term you’re familiar with, but it’s something worth considering when it comes to estate planning.

In the great state of Arkansas, we have the Arkansas Ante-Mortem Probate Act of 1979 (Ark. Code Ann. § 28-40-201 et seq.). This act allows testators to have their wills validated during their lifetime. This is helpful as you can make sure your will is valid and will be followed according to your wishes, even while you’re around.

The benefits of ante-mortem probate are many. First off, having the testator (you) present during the proceedings ensures that any questions or concerns can be addressed right then and there. It also provides a sense of peace of mind knowing that your will has been reviewed and approved while you’re still around to witness it.

Now, ante-mortem probate is not commonly used, and that might be because many folks just aren’t aware of its existence or prefer to avoid any potential confrontation. However, living trusts are another estate planning tool that is becoming a well-known option.

With a living trust, your assets are placed in the trust, and you retain control of them during your lifetime. Unlike a will, a trust does not need to be probated, making it harder to challenge. Whether you’re considering ante-mortem probate or exploring other estate planning options, discuss your needs with a reliable probate lawyer or estate attorney, such as one of ours at The Arkansas Law Group. We’ll help set you and your loved ones at ease.

Speak to a Probate Attorney to Get Help with the Probate Process

If you find yourself tangled up in the complexities of probate law, don’t worry. At The Arkansas Law Group, our probate attorneys will guide you through it all. We’ll help you through the toughest cases and shoulder your burdens and needs with you. Contact us today for a consultation, and let us help you figure out the twists and turns of probate law.