Avoid Probate in Arkansas

When someone dies owning property – regardless if they have a will or not – that property must go through Probate in Arkansas before it can be transferred to their loved-ones or heirs.   Many times people want to Avoid Probate in Arkansas and the hassles that people often complain about.

“What is probate?” you ask.  Probate is the legal process of making sure property that is stuck in the name of a deceased person is transferred to the new owners, and taxes and debts get settled.  Assuming there’s a will,  the Arkansas Probate Court will authenticate it and use it as a guide for distributing an estate.  But, having a will does not shorten or Avoid Probate in Arkansas.

Why Do You Want to Avoid Probate in Arkansas?

Probate has strict filing and notice requirements that will keep your family from touching your property for at minimum of 225 days, but the wait often stretches for a year or longer.

What Is the Cost Of Failing to Avoid Probate in Arkansas?

Most people we visit with are aware of probate, but they’re totally clueless about the hidden costs.  At Providence we’re constantly searching for new ways to improve your estate planning experience.  That’s why we’ve done the research for you and printed the Arkansas probate laws below.  Our hope is that you’re able to use this transparent information to make more informed decisions for your family.

Attorneys fees

See, Ark. Code Ann. § 28-48 108(d)(2)
5% of the first $5 thousand;
4% of the next $20 thousand;
3% of the next $75 thousand;
2.75% of the next $300 thousand;
2% of the balance

Executors fees

See, Ark Code Ann. § 28-48-108(a)
10% of the first $1 thousand;
5% of the next $4 thousand;
3% of the balance

Out of pocket costs

$165 court filing fee
$350 newspaper notice
$500 accountant services

Value of Estate

$150,000

$250,000

$350,000

$450,000

Attorneys Fees

$4,675

$7,425

$10,175

$12,800

Executors Fees

$4,350

$7,350

$10,350

$13,350

Out of Pocket

$1,115

$1,115

$1,115

$1,115

Your Costs

$10,140

$15,890

$21,640

$27,265

Value of Estate

$150k

Attorney's Fees

$4,675

Executor's Fees

$4,350

Out of Pocket

$1,115

Financial Impact

$10,140

Value of Estate

$250k

Attorney's Fees

$7,425

Executor's Fees

$7,350

Out of Pocket

$1,115

Financial Impact

$15,890

Value of Estate

$350k

Attorney's Fees

$10,175

Executor's Fees

$10,350

Out of Pocket

$1,115

Financial Impact

$21,640

You read that right. If you have a $150,000 home and $200,000 savings probate can rob your family of $21,640.

$21,640.

Though not for people wanting to minimize front end costs, trusts can often save substantial money for your family on the back end.  There’s several types of trusts, and each has its own distinct advantages and disadvantages that you can explore in your initial consultation.   In general, trusts are a way to help smooth the orderly transfer of assets, avoid the lengthy probate process, and the accompanying fees and taxes of other arrangements.

Will

Trust

Medicaid Asset Protection Trust

Your Wishes on How to Distribute Estate

Will

Trust

MA Asset Protection Trust

Probate Avoidance

Will

Trust

MA Asset Protection Trust

No Cost at Death

Will

Trust

MA Asset Protection Trust

Wealth Preservation From Rising Costs of Long Term Care

Will

Trust

MA Asset Protection Trust

Direct Control

Will

Trust

MA Asset Protection Trust

Fixed Fee Pricing

Will

Trust

MA Asset Protection Trust

To learn more about Wills and Trusts Click Here

To learn more about Asset Protection Click Here

Schedule Your Initial Consultation Today.

Come on in. Let’s talk. There’s no preparation necessary and you don’t need to bring any paperwork – just bring yourself and your questions. During your consultation, we’ll help you decide which services are right for you and your family.  Click below to book your appointment at our Fort Smith office.

Visit Our Fort Smith Office Today

3223 Old Greenwood St, Fort Smith, AR 72903

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803 Harkrider St Suite 14, Conway, AR 72032

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