Arkansas probate 2025

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Common examples of non-probate assets are life insurance proceeds, jointly-held property , will substitutes , and inter vivos trusts .
Non-probate assets are those that do not require a courts involvement during the probate process, allowing for a smoother and quicker transfer to beneficiaries. These assets can include life insurance policies, retirement accounts, and properties held in joint tenancy, among others.
Living Trust in Arkansas: A Key Tool to Avoid Probate A living trust allows you to avoid the probate process entirely, as long as you put all of your assets into the trust. Then, upon your death, the property will pass ing to the terms of your trust.
A probate asset might include personal items, real estate, vehicles, a bank account, and tenets-in-common assets. Not all property is considered a probate asset. Other assets are non-probate property. These assets bypass the probate process and go directly to beneficiaries or co-owners, no matter what the will says.
One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must fund the trust by putting the assets they choose into it. The grantor retains control over the trusts property until their death or incapacitation.
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(a) No will shall be admitted to probate and no administration shall be granted unless application is made to the court for admission to probate within five (5) years from the death of the decedent, subject only to the exceptions stated in this section. Arkansas Code 28-40-103 (2024) - Time limit for probate - Justia Law justia.com subchapter-1 section-28-40-103 justia.com subchapter-1 section-28-40-103

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