Why Doesn’t a Will Prevent Probate?
First, what is Probate? According to The Law Dictionary dot com probate is “The act or process of proving a will.” This means the Will must be presented to a Judge who examines it to make sure the Will qualifies as valid and appears to be the decedent’s Will.
This means that all Wills must be probated to be validated and activated. Only then can a Will be used to guide the rest of the administration process.
In Arkansas, Probate is required by Title 28 of the Arkansas Code Annotated.
According to ACA § 28-40-104 Necessity of probate “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.” And “a will must be declared to be valid by an order of probate by the circuit court.” This means that for the Will to be used, a Judge must approve it and sign an Order of the Court that the Will is valid.
Once the Will has gone through probate, the estate must be administered, assets appraised, creditors paid, and the estate divided up and distributed. Probate is just the first step of the entire process.
It takes more than Will alone to avoid probate. You have options to add on to your Will or to create a Trust. If you don’t want the complexity of a Trust, then you can add on tings like beneficiary deeds, beneficiaries, transfer on death titles, payable on death accounts, and more.