Sometimes probate court simply cannot be avoided. Some families find themselves in need of probate court because they lose a loved one who failed to properly plan ahead to avoid probate. Others find themselves in need of a probate because funds come in after a person’s death that they couldn’t plan for, such as proceeds from a lawsuit.
In Arkansas, there are two distinct types of probate – the small estate probate and the full probate. Most people are more familiar with the full probate process. This probate must last at least six months from the date notice is placed in the newspaper, and almost nothing can happen in this probate process without a court order.
The small estate probate process can be much quicker and easier, but it is not always an available option. Estates with values over $100,000 are not appropriate for the small estate probate process. Additionally, if the deceased person had outstanding debt at the time of death or received Medicaid benefits in a facility during his or her lifetime, the small estate probate process is not appropriate.
In need of help with a probate?
Our Attorneys can help you get through this difficult process.