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Butler Law Firm experienced in probate matters.
Probate lawyers is here to guide you through the process with honesty and compassion
We are dedicated to helping our clients with any of their legal needs.
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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 administer and divide the assets and inheritances from a deceased person’s will.
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At Butler Law Firm, we know how dealing with the difficulties of probate matters can be overwhelming, especially during a time of grief and loss. As with our own families, we will do anything to help make things easier
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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.
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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.
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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:
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Week 1 – gather all information and draft legal documents
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Weeks 1-2 – get client approval and file the probate documents
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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.
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Weeks 2-4 – get an order from the court appointing a personal representative
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Weeks 3-5 – obtain a bond and get approved if required by the court
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Weeks 4-6 – File acceptance and obtain Letters
Month 2
Once the probate is opened and a personal representative is appointed, the probate starts:
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Run an ad in the paper notifying creditors and heirs
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File inventory, if not waived
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Obtain Estate Tax ID Number
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Start gathering estate assets
Months 3-9
Once the notice in the paper runs, the estate can start being closed 6 months later:
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Gather Assets
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Sale assets if required
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Wait and see if any claims are filed against the estate
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Object to improper claims
Months 9-12
Once the creditor period is over, we can begin to close the estate:
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Compile all assets, expenses, and claims
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Object to any improper claim
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Start paying expenses and claims
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Petition Court for Final Distribution
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Make Final Distribution to heirs
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Close Estate
We’ll help you through the toughest cases and shoulder your burdens and needs with you. Contact us today for a legal consultation, and let us help you figure out the twists and turns of probate law.
When Can a Will Be Contested?
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.
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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
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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.
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. Both a probate lawyer and an estate planning attorney are involved in the estate planning process. What makes each different is when they come into that process.
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.
On the other hand, a probate lawyer helps their families and loved ones work through the often confusing maze of probate law. 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 Butler Law Firm, 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.