Legal Question in Wills and Trusts in Arkansas
Waiver of Probate
My son's father died in Arkansas with no will; he only had 2 assets; one of which is a stock certificate. The tranfer agent said I need a Waiver of Probate. How do I get this and from which state? We live in Illinois
1 Answer from Attorneys
Re: Waiver of Probate
I'm not sure what a Waiver of Probate is. It may be a form that the transfer agent has, or could at least tell you what he wants.
It sounds like the estate of the deceased man may need to be probated. Without a will, his estate would partly go to his spouse, if he had one, and his child or children. It would not necessarily be in equal shares, but that is something I won't go into as it would take too long.
Probating the estate is usually not too difficult from out-of-state, unless someone objects or some other problem arises. Your son may want to talk to an attorney to provide some more details, and allow the attorney to provide a more specific answer. Let me know if I can be of further help to you.