Legal Question in Wills and Trusts in Arkansas

Re: Does this will need to be probated?

If ALL the property is in both spouses names as joint owners or the default designation of real estate as tenancy by the entirety since they are married, then no, the estate does not have to be probated. My experience has been that there is many times something that is in one spouse or the other's name only, that forces some sort of probate. If that is the case, in Arkansas, you can proceed with an Affidavit for Collection of a small estate (mini-probate) if the what is not jointly owned is less than $50,000 in assets plus the home. If there is any question, a brief consult with an attorney will be well worth the trouble that may be caused later down the road.

Re: Does this will need to be probated?

If the decedent is a resident of Texas the answer may be different. And if so, there are a couple of different resolutions to the situation.

Re: Does this will need to be probated?

In AR, property owned by husband and wife is tenancy by the entirety. It automatically goes to the surviving spouse, following the proper filings and signings. That property would not be affected by the will. I would be careful to make sure there is no other property affected by the will. There could be some in one party's name that you aren't aware of. But you are not specifically required to probate the will in AR, if there is no property affected by the will.

Now, if the decedent was living in TX, the laws may be different. You should check with an attorney familiar with TX laws of probate.