Springdale Probate Attorney: What is Probate?

Probate is the court-supervised process of authenticating a last will and testament if the deceased left one, identifying and inventorying the deceased’s assets, paying debts and taxes, and distributing the estate to the rightful heirs. It can be a lengthy and complicated process, so it’s important to have an experienced probate attorney on your side.

During probate, the court will appoint an executor (if a will was left) or administrator (if no will was left) to manage the deceased person’s estate.

It can be a lot of work, but it’s also a great opportunity to help your loved ones during a difficult time.

Probate in Arkansas has over 100 steps that the executor must go through during the process.  It is full of forms that must be filed with the court in the proper order and at the proper time.

If you die with a will – testate, then the first step is to admit the will, let the Judge validate it, and appoint an executor.

If you die without a will – intestate, then the first step is to appoint and administrator who will oversee the process. Dying without a will is one of the biggest mistakes you can make. Here’s why: if you die intestate (without a will), the state will decide how your property is distributed, and not you. This might not be in line with your wishes, or those of your family. Furthermore, dying without a will can lead to months or even years of legal wrangling as relatives fight over who gets what. A last will and testament can help avoid all that drama and ensure that your loved ones are taken care of after you’re gone.

Both an executor and administrator do the same job during probate, it’s just different names. To simplify the language, they are both called a personal representative now. Depending on the requirements of the will and state law, this may include a complete and thorough inventory and accounting of the estate property.

Because probate is done it court, everything is public. Names, addresses, and dollar amounts are often published in the record. Financial predators can watch this information and prey on your family.

To make things more complicated, probate law is constantly changing. It is important to have an experienced probate attorney by your side to guide you through the process and ensure that everything is done correctly.

If you have been named as executor or administrator of an estate, contact our office today to schedule a consultation with one of our experienced probate attorneys. We can help you navigate through this complex process and ensure that the deceased person’s property is distributed according to their wishes. Please contact our Springdale probate attorney at (479)717-6300 to schedule a complimentary initial consultation.