Probate & Trust Administration

Arkansas law requires that creditors be given a minimum period to present claims against the estate, which means probate cannot be closed immediately regardless of how straightforward the estate is. Most Arkansas probate matters take between six months and a year to complete. More complex estates — those involving real estate in multiple states, business interests, disputes among heirs, or uncertain asset inventories — can take longer. We give clients a realistic timeline at the outset based on the specific facts of their situation.

A personal representative — sometimes called an executor — is appointed by the court to administer a probate estate. A trustee is the person or institution responsible for administering a trust. When someone dies with a revocable living trust, the successor trustee administers the trust assets outside of court. If the decedent also had assets that were not titled in the trust, those assets may still require probate, with a personal representative appointed to handle them. In many estates, the same person serves in both roles.

Your rights depend on a combination of Arkansas intestacy law, the state’s dower and curtesy rules, and how your spouse’s assets were titled or designated. Assets passing by beneficiary designation or joint ownership transfer outside of probate and are not directly affected by the intestacy statutes. But Arkansas dower and curtesy rights operate on real property regardless of how other assets pass — and the interaction between those rules and the overall asset picture is something many surviving spouses find genuinely surprising. We help surviving spouses understand the full picture before making any decisions about the estate.

The successor trustee’s obligations begin immediately upon the grantor’s death and include notifying beneficiaries, inventorying trust assets, paying valid creditor claims, managing trust investments prudently, coordinating with the estate’s CPA on tax filings, and distributing assets according to the trust terms. The trustee also has ongoing duties of loyalty, impartiality, and record-keeping. The specific obligations depend on the trust document and the nature of the assets. We walk trustees through their duties at the outset of every administration engagement so they understand what is expected of them.

Potentially, yes. Real property is generally subject to the probate laws of the state where it is located. If the decedent owned real estate in another state and that property was not held in a trust or otherwise structured to avoid probate, an ancillary probate proceeding in that state may be required to transfer title. We handle ancillary probate matters and coordinate with local counsel in other jurisdictions when needed. This situation is also one of the clearest illustrations of why holding real property in a revocable living trust — which avoids probate in every state — is often the right planning decision.

Start by gathering what information you can about assets and debts — bank statements, deeds, investment accounts, insurance policies, and any loan or creditor information. Then contact us. We will help you understand what assets are subject to probate, what passes outside of probate by beneficiary designation or joint ownership, what your rights are under Arkansas intestacy law, and what steps need to happen and in what order. The process is more manageable than it often feels at the outset, and early legal guidance prevents the mistakes that make it harder.