The probate process isn’t just about understanding state law; it’s about knowing how things work on the ground, right here in Faulkner County. The local court has its own procedures, preferences, and personnel, and an attorney who is unfamiliar with them can face unnecessary hurdles. This is why local expertise is so critical. You need more than just a legal expert; you need a guide who knows the local system inside and out. Choosing the right probate lawyer in Conway, AR, means finding someone who can manage your case efficiently because they work within these courts every day. This insider knowledge can save you time, money, and countless headaches along the way.
Key Takeaways
- A probate lawyer is your professional guide: They manage the entire process—from court filings and creditor claims to mediating family disputes—freeing you up to focus on what matters most during a difficult time.
- Choosing the right attorney is a critical decision: Prioritize a specialist in Arkansas probate who has experience in local Conway courts, a communication style that makes you feel comfortable, and a transparent fee structure.
- You can make the process smoother by being prepared: Gather essential documents like the will and death certificate before your first meeting, and have a list of questions ready about the attorney’s experience, fees, and process.
What is Probate and Do You Need a Lawyer?
When you’re grieving the loss of a loved one, the last thing you want to deal with is a complicated legal process. Unfortunately, that’s often what probate feels like. It’s the court-supervised procedure for validating a will (if one exists) and settling a person’s estate—their property, money, and other assets. Even if there isn’t a will, the estate typically still has to go through probate to ensure everything is distributed according to state law.
The process can be long, stressful, and emotionally draining. You’re faced with paperwork, deadlines, and legal requirements you’ve likely never seen before. While it’s a necessary step, it doesn’t have to be something you face alone. Understanding the basics of the probate process and knowing when to ask for help can make a world of difference during a difficult time.
What is the Arkansas Probate Process?
Think of probate as the official way to wrap up someone’s financial life. The court’s role is to confirm that the deceased person’s debts are paid and their assets are transferred to the right people. This happens whether they left behind a detailed will or not. The process involves identifying and inventorying property, paying off any outstanding debts and taxes, and then distributing what’s left to the heirs or beneficiaries. While it sounds straightforward, the legal steps can be tricky. The costs can also add up, with attorney fees often being a significant part of the expense. For a deeper dive into specific terms, our probate FAQ can be a helpful resource.
When Does Probate Require Legal Help?
While Arkansas law doesn’t strictly require you to hire a lawyer for every probate case, trying to handle it yourself can be a mistake, especially when things get complicated. Legal help becomes essential when family members disagree over the will or how assets should be divided. An attorney can also be invaluable for managing complex estates that include businesses, multiple properties, or significant debts. They ensure all legal requirements are met, deadlines aren’t missed, and disputes are handled correctly. If you’re feeling overwhelmed by the responsibility, working with a professional can provide both peace of mind and expert guidance. We can help you find the right support through our attorney information services.
What Can a Conway Probate Lawyer Do for You?
When you’re named the personal representative of an estate, it can feel like you’ve been handed a mountain of responsibilities during an already difficult time. A Conway probate lawyer acts as your guide, helping you manage the legal and financial tasks ahead. Their job is to simplify the complex, protect the estate from potential pitfalls, and ensure everything is handled according to Arkansas law. From filing court documents to mediating family disagreements, a probate attorney provides the structure and expertise needed to settle an estate efficiently and correctly.
Administer the Estate and Represent You in Court
One of the primary roles of a probate lawyer is to manage the estate’s administration from start to finish. This involves identifying and inventorying all assets, notifying heirs and creditors, and preparing all necessary legal documents. A probate attorney brings clarity to these often convoluted legal processes, ensuring you meet every requirement and deadline. They will also represent the estate in probate court, handling all hearings and communications with the judge. This support is invaluable, as it allows you to focus on your family while a professional handles the formal legal proceedings. You can find more attorney information to help you understand their specific duties.
Handle Will Contests and Beneficiary Disputes
Grief and stress can sometimes lead to disagreements among family members. When conflicts arise over the validity of a will or how assets are divided, a probate lawyer’s involvement becomes essential. They can act as a neutral mediator to help resolve disputes before they escalate into costly court battles. If a will is formally contested, your attorney will defend the estate’s interests in court, presenting evidence and arguing on your behalf. Their expertise helps ensure that conflicts are managed professionally and in accordance with the law, protecting both the estate and your role as the personal representative.
Manage Real Estate During Probate
Real estate is often the most valuable and complicated asset in an estate. A probate lawyer helps with everything from getting the property appraised to handling maintenance, paying mortgages, and preparing it for sale. They work to compassionately guide surviving family members through the process of managing or selling a home. At My Arkansas Probate, we specialize in providing estate solutions that simplify this process, offering options like immediate cash buyers to help you move forward. A lawyer ensures all property transactions are legally sound, from transferring the title to distributing the proceeds to the rightful heirs.
Resolve Debts and Tax Obligations
Before any assets can be distributed to beneficiaries, the deceased’s debts and taxes must be paid. A probate attorney will handle this critical financial responsibility. They will identify legitimate creditors, notify them of the probate proceedings, and negotiate payments from the estate’s funds. They also manage the filing of final income and estate tax returns. Handling debts and taxes properly is crucial, as mistakes can create personal liability for the executor or lead to legal claims against the estate down the road. Having an expert manage these financial details provides peace of mind and ensures the estate is settled correctly.
How Much Does a Probate Lawyer in Conway Cost?
One of the first questions on anyone’s mind when facing probate is, “How much is this going to cost?” It’s a completely valid concern, especially when you’re already dealing with the emotional and logistical weight of losing a loved one. The truth is, there’s no single price tag for a probate lawyer in Conway. The final cost depends on the complexity of the estate and the lawyer’s fee structure.
Most attorneys use one of a few common billing methods. Some charge by the hour, while others offer a flat fee for their services, which can provide more predictability. In some cases, an attorney might charge a percentage of the estate’s total value. Understanding these different models is the first step in figuring out what you can expect to pay. The key is to find a transparent lawyer who can clearly explain their fees and provide an estimate based on your specific situation. Don’t hesitate to ask direct questions about costs during your initial consultations—a good attorney will be prepared to answer them. Our team can also connect you with trusted legal professionals through our attorney information services.
Understanding Hourly Rates vs. Flat Fees
When you start talking to probate lawyers, you’ll quickly learn about their fee structures. The most common is an hourly rate, where you pay for the actual time the attorney spends on your case. In Arkansas, these rates can vary, but many probate attorneys charge between $200 and $500 per hour. For highly complex cases or those handled by large firms, this rate can be higher.
Another option is a flat fee. This is a single, upfront cost for handling the entire probate process. A flat fee is more common in straightforward cases where the attorney can accurately predict the amount of work involved. It offers peace of mind since you know the total legal cost from the start.
What Factors Influence Legal Costs?
Several key factors determine whether your legal costs will be on the lower or higher end of the spectrum. The size and complexity of the estate are the biggest drivers. An estate with multiple properties, business interests, and various investments will require more work than a simple one with just a bank account and a house.
Other elements that can increase costs include the number of beneficiaries and whether there are any disputes among them. A contested will or disagreements over asset distribution can lead to more court time and legal maneuvering, which naturally raises the final bill. The clarity of the will and the organization of the deceased’s financial records also play a significant role in how smoothly the process goes.
How to Manage Your Probate Expenses
While some probate costs are unavoidable, there are ways to keep them in check. One of the most effective strategies is to reduce the amount of property that has to go through probate in the first place. This can be done through careful estate planning, such as placing assets into a trust before death. Assets held in a trust typically bypass the probate process, saving your loved ones time and money.
Working with a team that understands the ins and outs of estate administration can also streamline the process. At My Arkansas Probate, our estate solutions are designed to make things faster and easier, especially when real estate is involved. By efficiently managing property sales and other tasks, we help minimize delays that can lead to higher professional fees.
How to Choose the Right Probate Lawyer in Conway
Finding the right probate lawyer in Conway can feel like searching for a needle in a haystack, especially when you’re already dealing with the stress of losing a loved one. But this decision is one of the most important you’ll make during the entire process. The right attorney acts as your guide, advocate, and project manager, helping you handle court filings, creditor notices, and family dynamics with confidence. A great lawyer doesn’t just know the law; they understand the local court system and can explain your options in a way that makes sense.
Think of this as hiring a key member of your team. You want someone who not only has the right qualifications on paper but also communicates clearly and makes you feel supported. The goal is to find a professional who can make the probate process faster and easier, not more complicated. Taking the time to vet your options now will save you countless headaches down the road. We’ll walk through the four key areas to focus on so you can find the best possible legal partner for your situation.
Look for Experience in Arkansas Probate Law
When you start your search, focus on lawyers who specialize in Arkansas probate law. This isn’t the time for a general practitioner. Probate laws are incredibly specific to each state, and you need someone who lives and breathes Arkansas’s legal code. Ask potential attorneys direct questions: How long have you been practicing probate law? How many cases like mine have you handled in Faulkner County? Their answers will reveal whether they have the deep, practical experience needed to manage your case efficiently. An experienced probate lawyer has seen it all before and can anticipate potential roadblocks before they become major problems. You can find more information on our attorney information page.
Prioritize Local Court Knowledge
Beyond state-level expertise, look for a lawyer who has a strong working knowledge of the Conway and Faulkner County court systems. An attorney who frequently works in the local probate court will be familiar with the specific procedures, filing preferences, and even the personalities of the court clerks and judges. This inside knowledge is invaluable. It helps streamline the process, reduce the chance of administrative errors, and keep your case moving forward smoothly. A lawyer with established relationships in the local legal community can often resolve issues with a simple phone call, saving you time and money.
Assess Their Communication Style and Availability
Technical skill is essential, but so is good communication. The probate process can be confusing, and you need a lawyer who can explain complex legal concepts in plain English. During your initial consultation, pay close attention to how they speak to you. Do they listen to your concerns? Are they patient with your questions? You should feel comfortable, not intimidated. A good probate lawyer is responsive and keeps you informed about the progress of your case. You shouldn’t have to chase them down for updates. This partnership is crucial, so find someone whose communication style works for you.
Check Their Credentials and Reputation
Finally, do your homework to verify the attorney’s credentials and reputation. Honesty and transparency are non-negotiable. A quick online search can reveal client reviews, testimonials, and peer ratings. You can also check with the Arkansas Bar Association to ensure the lawyer is in good standing and has no disciplinary history. You are entrusting this person with significant responsibility over a loved one’s legacy. It’s vital to choose someone with a proven track record of integrity and professionalism. Our team is dedicated to providing trusted estate solutions and can connect you with vetted professionals.
When Should You Hire a Probate Lawyer?
Deciding whether to hire a probate lawyer can feel like a tough call, especially when you’re already dealing with the loss of a loved one. While Arkansas law doesn’t always require an attorney for every estate, trying to go it alone isn’t always the best path. The probate process has its own set of rules and timelines that can be tricky to manage on your own, and a simple mistake can lead to significant delays or even personal liability for the executor. Think of a probate lawyer as your professional guide. They’ve been through this hundreds of times and can anticipate roadblocks you might not see coming. Their job is to make sure everything is handled correctly, from filing the initial petition with the court to distributing the final assets to the heirs. While you might be tempted to save on legal fees, the cost of a mistake—like improperly notifying creditors or misinterpreting the will—can be far greater. Certain situations are simply too complex or emotionally charged to handle without this kind of professional guidance. If you find yourself in one of the scenarios below, bringing in a legal expert is a smart move that can save you time, stress, and potential legal trouble down the road.
When the Estate is Complex
If the estate you’re managing involves more than a simple bank account and a few personal belongings, it’s wise to consult an attorney. An estate can be considered complex if it includes business assets, multiple real estate properties, investments like stocks and bonds, or a large number of beneficiaries. Handling the legal requirements for these assets can be a maze of paperwork and deadlines. A probate attorney ensures every “i” is dotted and “t” is crossed, helping you meet all legal obligations and distribute assets correctly. This prevents costly mistakes that could draw out the process or create liability for you as the executor.
If There Are Contested Wills or Family Disputes
Grief can bring out the best in people, but it can also amplify underlying family tensions. If a will is being contested or beneficiaries are disagreeing over the division of assets, the situation can quickly become messy. A probate lawyer acts as a neutral third party who can mediate disputes and work toward a fair resolution based on the law. Their involvement is essential for ensuring the deceased’s wishes are honored while protecting you from getting caught in the crossfire. They can manage communication between conflicted parties and represent the estate’s best interests, allowing you to focus on moving forward.
For Time-Sensitive Probate Matters
The probate process isn’t known for being quick, but unnecessary delays can make a difficult time even more stressful. The court system runs on strict deadlines for filing documents, notifying creditors, and completing other critical tasks. Missing one of these deadlines can bring the entire process to a halt. A probate lawyer’s job is to keep things on track. They understand the court’s calendar and procedures, ensuring everything is submitted correctly and on time. This efficiency can be especially crucial if the estate needs to sell assets quickly to pay debts or provide for surviving family members.
When Real Estate Complicates the Process
Real estate is often the most valuable asset in an estate, and it adds a significant layer of complexity to probate. From getting an official appraisal and managing property maintenance to handling the legal transfer of the title, there are many steps where things can go wrong. A probate lawyer with real estate experience can guide you through these challenges. They can help you prepare a property for sale, address any liens or title issues, and manage the closing process. Our team specializes in providing estate solutions that simplify handling real estate during probate, ensuring you get the best possible outcome.
Common Myths About Hiring a Probate Lawyer
When you’re grieving, the last thing you need is more stress. Unfortunately, a lot of misinformation floats around about the probate process, especially when it comes to hiring a lawyer. These myths can cause unnecessary anxiety and might even lead you to make decisions that aren’t in your best interest. Let’s clear the air and tackle some of the most common misconceptions head-on. Understanding the reality of working with a probate attorney can help you feel more in control and confident as you handle your loved one’s estate.
Probate doesn’t have to be a source of fear. It’s a legal process with clear steps, but it’s easy to feel overwhelmed when you’re unfamiliar with the terminology and timelines. The stories you hear from friends or find online can paint a picture that’s far more intimidating than the reality. With the right information, you can make empowered choices for yourself and your family. We’ll walk through what’s true, what’s false, and what you really need to know about getting legal help in Conway.
Myth: The Lawyer Will Take the Whole Estate
This is probably the biggest fear people have, and it’s completely understandable to worry about costs. The good news is that the idea of a lawyer’s fees consuming an entire estate is just not realistic. While legal services do have a cost, a reputable attorney’s goal is to preserve the estate’s value, not drain it. In fact, their expertise can often save the estate money by preventing costly errors, efficiently negotiating with creditors, and ensuring all deadlines are met. Think of it as an investment in getting the process done correctly. Our team can help you find trusted attorney information to ensure you connect with a professional who is transparent about their fees.
Myth: You Always Need a Lawyer for Probate
Technically, Arkansas law does not require you to hire a lawyer for probate. It is possible to represent yourself, a process known as “pro se.” However, going it alone can be incredibly risky, especially if the estate involves real estate, business assets, or disagreements among family members. The legal paperwork is complex, and a simple mistake can lead to significant delays or financial penalties. While a very small, straightforward estate might be manageable on your own, having an expert guide you through the probate process is almost always the wiser, safer path. A lawyer ensures everything is handled by the book, giving you peace of mind.
Myth: Probate Always Takes Years to Complete
We’ve all heard horror stories of probate dragging on for what feels like an eternity. While some complicated cases can certainly be lengthy, this isn’t the norm. The timeline for probate depends on many factors, including the size and complexity of the estate, whether there are disputes among the heirs, and how organized the decedent’s affairs were. Many probate cases in Arkansas can be resolved in under a year. An experienced lawyer plays a key role in moving things along efficiently. They know how to manage the paperwork, anticipate potential roadblocks, and streamline the process to help settle the estate as quickly as possible.
Challenges of Facing Probate Without a Lawyer
While it might be tempting to handle probate on your own to save on legal fees, the process can be surprisingly complex and emotionally draining. Going it alone, or “pro se,” means you’re responsible for every form, deadline, and legal requirement. This path is filled with potential pitfalls that can cause long delays, financial mistakes, and even lasting family disputes. Understanding these challenges upfront can help you decide if hiring a professional is the right move for your situation. It’s not just about knowing the law; it’s about managing a detailed administrative project during an already difficult time of grieving. Taking on the role of a legal expert while processing a loss is a heavy burden, and a simple mistake can have significant consequences for you and your family.
Dealing with Complex Legal Paperwork
The probate process runs on paperwork. From the initial petition to open the estate to the final accounting, you’ll be faced with a mountain of legal documents. Each form has specific requirements, and a simple mistake—like a missed signature or an incorrect value on an inventory sheet—can get your filing rejected by the court clerk. This sends you back to square one and creates unnecessary delays. An attorney’s expertise is invaluable for handling these complex legal requirements, ensuring everything is filled out correctly and filed on time. If you’re just trying to get a handle on the terms, our Probate FAQ can be a helpful starting point.
Juggling Debts, Taxes, and Creditor Claims
Before any assets can be distributed to the heirs, the estate’s debts must be settled. This includes everything from credit card bills and medical expenses to mortgages and taxes. As the executor, you are responsible for notifying creditors, validating their claims, and paying them from the estate’s funds. Overlooking debts and liabilities is a serious error that can lead to you being held personally responsible. This task gets even more complicated if the estate includes real estate with liens or other issues. Our team offers estate solutions to help manage these property-related challenges and ensure all financial obligations are met properly.
Managing Family Disputes and Conflicts
Grief, money, and family history can be a combustible combination. It’s common for disagreements to surface during the probate process, whether it’s about the validity of the will or how personal belongings should be divided. When you’re also grieving, acting as a neutral mediator can feel impossible. A probate attorney serves as an objective third party who can help resolve disputes among heirs by explaining the legal realities and keeping communication focused on the facts. Their involvement can prevent minor disagreements from escalating into costly court battles, preserving family relationships along the way.
Meeting Critical Court Deadlines
The probate court operates on a strict calendar. There are firm deadlines for filing documents, notifying heirs and creditors, and submitting inventories of the estate’s assets. Missing one of these deadlines can have serious consequences. The court could dismiss your case, which means you’d have to start the entire process over, or it could lead to other legal penalties. These probate delays are not just frustrating; they can also be expensive and prolong the time it takes for beneficiaries to receive their inheritance. A lawyer’s job is to keep the process on track, managing the calendar so that every deadline is met without issue.
Key Questions to Ask a Potential Probate Lawyer
Choosing a probate lawyer is one of the most important decisions you’ll make during this process. Think of your initial consultations as interviews—you are the one hiring, and you need to find the right fit for your family’s specific situation. Asking direct questions from the start helps you understand what to expect and can prevent misunderstandings down the road. Being prepared with a list of questions ensures you cover all the essential bases and can confidently select an attorney who will guide you effectively.
Ask About Their Experience with Local Courts
When you first meet with a potential lawyer, ask about their experience in your local probate court. Every county can have its own way of doing things, and a lawyer who is familiar with the local judges and procedures has a distinct advantage. You can ask questions like, “How many probate cases have you handled in this county?” or “Are you familiar with the specific judges who might oversee this case?” An attorney with deep local roots can often handle the process more smoothly. Our network includes professionals with extensive local knowledge, and you can learn more about finding the right attorney information to match your needs. This insight is invaluable and can make a real difference in how efficiently your case is managed.
Clarify Their Fee Structure and Payment Options
Don’t be shy about discussing money. It’s essential to have a clear understanding of how the lawyer charges for their services before you sign anything. Ask if they charge a flat fee for the entire probate process or if they bill by the hour. If it’s hourly, ask for the rate and an estimate of the total hours they anticipate the case will take. You should also inquire about retainers and what costs are included in their fees. Getting this information upfront helps you budget accordingly and avoids any unwelcome financial surprises later on. Many common questions about costs are covered in our Probate FAQ, which can help you prepare for this conversation.
Set Expectations for Timelines and Communication
A common source of frustration during probate is a lack of communication. You deserve to be kept in the loop. During your initial meeting, ask the lawyer about their communication style. Find out how often you can expect to receive updates and who your primary point of contact will be. Will you communicate through email, phone calls, or a client portal? It’s also helpful to ask about their availability and typical response times. Setting these expectations early ensures you and your attorney are on the same page, which builds a foundation of trust for a better working relationship. If you have questions for our team, feel free to contact us anytime.
Discuss Their Approach to Handling Disputes
Even in families that get along well, disagreements can surface when an estate is being settled. It’s wise to be prepared for potential conflicts. Ask the attorney how they handle disputes among heirs or beneficiaries. Do they prefer mediation to resolve conflicts, or are they prepared to represent you in court if a will is contested? Understanding their strategy for managing conflict will give you peace of mind, knowing they are equipped to handle challenges if they arise. A proactive approach to potential disputes is a key part of our estate solutions, as it helps protect family relationships and the value of the estate’s assets during a difficult time.
How to Prepare for Your First Meeting with a Probate Lawyer
Walking into a lawyer’s office for the first time can feel a bit overwhelming, especially when you’re already dealing with the loss of a loved one. But a little preparation can make a world of difference. Taking some time to get organized beforehand will make your meeting more productive, help you feel more in control, and ensure you and your potential attorney are on the same page from the very beginning. Think of it as setting the foundation for a smoother process ahead. It helps the attorney understand your situation quickly so they can give you the best possible advice.
Gather These Essential Documents
You don’t need to have every single piece of paper perfectly organized, but bringing a few key documents will give the lawyer a clear snapshot of the estate. It helps them understand the scope of their role and what steps are needed to move forward. If you can’t find everything, don’t stress—just bring what you have.
Here’s a checklist of what to look for:
- The Original Will: If there is one, this is the most important document. Make sure you bring the original, not a copy.
- The Death Certificate: You’ll need official copies of this for many tasks, so it’s good to have it on hand.
- A List of Assets: Jot down any known property, including bank accounts, real estate, vehicles, and investment accounts.
- A List of Debts: Note any outstanding mortgages, loans, credit card bills, or medical expenses.
- Contact Information: A list of names and contact details for all beneficiaries and heirs named in the will is incredibly helpful.
Collect This Information Beforehand
Beyond documents, it’s useful to think through some key details about the estate and your family’s situation. This context helps the attorney anticipate challenges and tailor their advice. Before you go, take a few minutes to consider the family dynamics. Are all the beneficiaries on good terms, or do you anticipate disagreements? Being upfront about potential conflicts allows the lawyer to prepare a strategy to handle them effectively.
It’s also a great idea to prepare a list of questions for the attorney. This is your chance to interview them, too. You might ask about their experience with similar cases in Conway, how they prefer to communicate with clients, and what their general approach is. Having your questions ready ensures you don’t forget anything important and helps you decide if they’re the right fit for you and your family. For more guidance, you can review our attorney information page.
Prepare to Discuss These Key Topics
Your first meeting is a two-way conversation. The attorney will have questions for you, but you should also be ready to bring up the topics that are most important to your situation. Be prepared to talk openly about the estate’s specifics, including any complex assets like real estate or a family business. If you’re concerned about how to manage property during probate, this is the perfect time to discuss potential estate solutions.
You should also be ready to discuss the lawyer’s role. A probate attorney can do more than just file paperwork; they can help locate assets, notify creditors, pay final bills, and distribute property to the rightful heirs. Finally, don’t be shy about discussing fees. Ask how they charge—whether it’s an hourly rate or a flat fee—and get an estimate of the total cost. A clear understanding of the financial side from the start prevents surprises later on.
Related Articles
- Do I Need a Lawyer for Probate in Arkansas?
- Probate Explained: What Is Probate in Arkansas?
- How to Hire a Probate Lawyer in Arkansas: 5 Steps
- Arkansas Probate: Steps & Timeline
- Real Estate Probate in Arkansas: The Ultimate Guide
Frequently Asked Questions
What happens if the estate can’t afford to pay all its debts? This is a common worry, but you generally won’t have to pay your loved one’s debts from your own pocket. When an estate is “insolvent,” meaning it owes more than it’s worth, Arkansas law sets an order of priority for paying creditors. A probate lawyer is essential in this situation. They will formally notify creditors, determine which claims are legitimate, and pay them according to the law with the available funds until the money runs out.
Can I sell my loved one’s house before the probate process is over? You typically need the court’s permission before you can sell real estate during probate. Once the court officially appoints you as the personal representative, you’ll receive legal documents, often called Letters Testamentary, that give you the authority to act on behalf of the estate. A probate attorney helps you get this authority and can then guide you through the legal steps of listing, selling, and closing on the property to ensure everything is handled correctly.
What if I live out of state but have to manage probate in Arkansas? Managing probate from another state is certainly possible, but it makes hiring a local Conway lawyer even more important. Your attorney can act as your representative on the ground, handling court appearances, filing documents, and coordinating with local contacts on your behalf. They become your trusted partner, keeping you informed and managing the day-to-day legal tasks so you don’t have to travel back and forth constantly.
Do I have to use the same attorney who drafted the will? No, you are not obligated to hire the attorney who wrote the will. The skills needed for estate planning (drafting documents) can be different from those needed for estate administration (the probate process). Your priority should be to find a lawyer who specializes in Arkansas probate and with whom you feel comfortable. You have the freedom to choose the best professional to guide you through this specific process.
What happens if we can’t find the original will? If the original will can’t be located, the estate will likely be treated as if there was no will at all. This is known as dying “intestate.” The probate court will appoint an administrator to manage the estate, and the assets will be distributed to the closest relatives according to a formula set by Arkansas state law. A probate lawyer can help you through this process and ensure all legal requirements are met, even without a will to guide the way.
