Legal Question in Wills and Trusts in Arkansas

Does Will need to be probated

My father recently passed away. In his Will everything was passed to my mother. The estate is less then $50,000. There are some credit card debts though. The Quitclaim deed to their property is listed in my father, mother and in my name. Does she have to have the Will probated? Does she have to change the deed?

Asked on 4/14/04, 12:00 am

3 Answers from Attorneys

Richard Orintas Orintas Law Firm

Re: Does Will need to be probated

The Deed will have to be examined by an attorney to determine the next step...

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Answered on 4/14/04, 3:00 am

Herb Southern The Southern Law Firm

Re: Does Will need to be probated

I disagree. If the total of the assetts is less than 50K you can do a small estate claim and not a probate. You will have to pay the bills though. As to the land, it does not go through probate. Your Mom and you now own it. All you have to do is to register a copy of the death cert at the land record office. Then which ever of you or mom dies first, the other owns it without probate.

One thing to watch out for is that if Dad ever got medicaid services, DHS can move in to recoup their expenses. If that is true, then call and Atty to discuss the issues.

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Answered on 4/14/04, 8:51 am
Harvey Harris Harris Law Firm

Re: Does Will need to be probated

The deed can have the names changed by going to the real estate clerk's office, with a death certificate, and filing there. That would not be part of the estate.

An estate under $50,000 would normally not have to go through probate if there are no complications or no one contests the will. It does need to be filed wiht the courts as a small estate.

Whose name are the credit card debts in? If they are in your dad and mom's name, she is still liable for the debt. If it was in your father's name, the estate will be responsible for the debt.

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Answered on 4/14/04, 11:59 am

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