Legal Question in Wills and Trusts in Arkansas

Probate length...

My mother's estate in Arkansas has been in probate since Jan. 2006. She died Nov 2005. None of us are contesting anything so how long should this probate take before we start getting suspicious that the lawyer is not doing his part? Her estate is worth around 1 million. Maybe a little less than that.


Asked on 6/06/06, 1:36 am

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Probate length...

Have you spoken with the attorney handling this case? That should be the first step to getting information. That attorney has the facts of your case, we do not.

The time you indicate is not unusual at all. Many probates take much longer. There are several procedures that must be taken, filing the decedent's tax returns, paying and settling debts, dividing property, paying accounting and legal fees, publishing notices to creditors, waiting for the statutory time limit for creditors to present claims.

On the other hand, in our office we generally make a partial distribution, holding a reserve for potential claims. I would think a substantial partial distribution of the lion's share of the assets would be appropriate here if the estate is not ready for final distribution. Inquire if that can be done in this case. The heirs can also hire their own attorney if they deem that would help.

Good luck,

James D. Jenkins

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Answered on 6/06/06, 11:25 am
Gerd Zimmermann zimmermann nielsen & colleagues

Re: Probate length...

You should have received already a statement about the allocation of asstes and what the lawyer want to do next. If he does not does his job in a timely manner just look for someone competent.

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Answered on 6/06/06, 8:17 am


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