Legal Question in Wills and Trusts in Arkansas

I live in Arkansas. My mother and father are deceased. How do I transfer the deed to their 2 acres of land to myself in order to sell it? My mother left a hand-written will which was not recorded with the court, appointing me executor. There are no debts to pay and the land and house are not valued more than 20,000.00. My mother specified that if the place was sold that the money be divided between my 2 sisters and I. I need to get the deed transferred in order to sell the place. I appreciate any help.

Thank you,

Mona Culberson


Asked on 5/08/12, 10:16 am

1 Answer from Attorneys
Cale Block Niswanger Law Firm

There are two moving parts here. I'm assuming your father died before your mother.

1) Your mother's will is what's called a holographic will. It's valid if she handwrote and signed it.

2) There is a special process for disposing of small estates. It's not the full probate process, but it still requires that a copy of the will be filed and notice of the estate published. After that, the property can be passed according to the will. You mention that your mother specified what to do "if" the property was sold, so I can't be certain how it would pass without reading the will.

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Answered on 5/17/12, 11:37 am


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