Legal Question in Real Estate Law in Arkansas

Re: Letter of Administration

More than likely, what your broker is telling you is correct. The person holding the Letters of Administration in NY would file them here in Arkansas in a procedure called Ancillary Administration. This procedure is similiar to the one you had in NY, but deals only with the Arkansas Real Property. To determine whether the procedure is necessary I would need some additional facts. When did your husband pass away? Did he leave a will? Does the will make any provision for the real property? What is the value of the property? Are there any Arkansas Creditors? Depending on the answer to these questions, it may be possible to sell the property without Ancillary Administration. Even so, if this is the only property, the cost may be less than $5000.

Wayne Ball

Re: Letter of Administration

I assume you are talking about real estate. I will answer your question based on it being real estate.

You need a deed that puts the property in your name to be able to sell it. Was his estate probated? If so, the property should have been transferred to your name at the time. If there was no probate, you may need an Affidavit of Heirship, along with filing a deed transferring the property to your name to be able to sell it. If you are trying to sell it on behalf of his estate, I don't know exactly what the broker needs other than the court order allowing you to do so. Your Letters of Administration, if they are the same as in AR, state that you are the Administrator of the Estate. The court must also issue an order stating that you may sell the property. Or, the court can issue an Order transferring ownership in the property to you. Then you would have to file a deed transferring property to your name (filed in the county the property is located in) to be able to sell it.

The cost of filing a deed that simply transfers name of owner (in other words, not as a sale) generally costs about $11.00 to file. If you need an Affidavit of Heirship, that would need to be drawn up, signed and Notarized, and filed with the deed.

I need a few more details to give you a precise answer of what to do. Hopefully, this will help some. Send me an email if you have more questions.