Legal Question in Wills and Trusts in Arkansas

Re: Demand for Notice...

It is not possible to tell from your message which state you are in and which state was the residence of your mother. I presume you filed the Demand for Notice in the county of your mother's residence.

Is there a will? Who is named as personal representative? In Arizona, it is required that notice be given to the children of the decedent, even if no Demand for Notice is presented by you. I would add that it would be prudent to send a copy of your demand for notice to the person named in the will as the personal representative (executor).

We offer free initial consultations in all matters without obligation, which you could do in person or by telephone if you call 480.835.1500. We can file probate proceedings usually within 48 hours.

Good luck and best regards,

James D. Jenkins

Re: Demand for Notice...

One filing should be sufficient. You should also check the court file from time to time, out of an abundance of caution, to be sure that you are receiving notice of all action taken in the case.

Re: Demand for Notice...

So long as the notice for demand was properly filed and filed in the correct county, then you should receive notice of any proceedings that you do not waive notice for. Of course if your mother's property was held in a trust or in joint names with another then there may not be a need for probate.

Some questions to answer are: What property did your mother own? How was title held? Did she have a will? Did she have a trust? Who are other related parties and what is their relationship with your mother?

Depending on the answer to these questions and whether you receive any notices in the next week or two, you may need to take a more aggressive approach.

Have you considered the possibility of filing a petition to have yourself appointed as the Personal Representative?

(501)312.8600

Re: Demand for Notice...

One Demand for Notice should be enough, but I would definitely contact the court again in a few weeks, if you haven't heard anything. If it hasn't been filed yet, there are a number of ways your Demand for Notice could end up in the wrong file or misplaced or forgotten. Particularly in a county large enough for a lot of filings it could end up in a different place. A phone call once a month to the court clerk until you start getting notices would not be out of line.