Arkansas Probate Lawyers
Probate is a costly and lengthy process involving the legal settlement of a decedent's estate. This includes identifying and collecting assets and property, settling debts, filing final tax returns, and distributing any remaining assets according to the decedent's wishes. If the decedent received Medicaid benefits, assets in probate may also be subject to Medicaid recovery, which can reduce the property distributed to heirs.
Many families in Arkansas are surprised by the number of steps and legal requirements involved in probate. Local probate courts, such as those in Pulaski, Benton, and Sebastian counties, may require specific documents and filings according to Arkansas law. Choosing a probate lawyer in Arkansas who understands both state procedures and the rules in each county can help smooth the process and reduce administrative delays. Our attorneys regularly appear in Arkansas probate courts and know what to expect at each stage, from the appointment of a personal representative to the final distribution of assets. This local experience allows us to support clients efficiently, no matter where they live in the state.
Here is where our Medicaid, long-term care, and estate planning services at AAPG Law are invaluable. As part of our efforts to help clients become eligible for Medicaid, we work to create estate plans that minimize the impact of Medicaid estate recovery and other liabilities on their assets. Since 2000, we have helped thousands of clients save significant amounts of money. We look forward to leveraging our experience and knowledge of estate and elder law on your behalf.
Find out how our Arkansas probate lawyers can serve you in a free consultation. Call (501) 530-9670 or connect with us online to schedule yours. We proudly serve the entire state of Arkansas.
Hear From Families We've Helped
Our clients often say our services seemed too good to be true—until they saw the results. Read how we’ve helped families like yours protect their assets and plan for long-term care.
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"Very Professional"We would have been lost without them.- Gary H.
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"Highly Recommend"I couldn’t have done it by myself. I had nothing to worry about—they handled everything.- Jimmy W.
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"Awesome Experience"Everyone is nice and helpful, and they were a life-saver in a time of need.- Kristi B.
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"Very Helpful"I had a very good experience with AAPG.- Jennifer S.
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"Comfortable"Ben and Steve were very helpful in explaining the process.- Marianne S.
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"Fantastic"I didn't know where to start. I was grateful to learn about AAPG.- Denese S.
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"Thrilled"AAPG was a lot of help in transferring and protecting property. I couldn't have completed the process alone, especially the way I was feeling.- Robert P.
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"Wonderful"AAPG was very trustworthy and was able to help my family find a place for Dad as well as protect assets. I‘m grateful for the staff at AAPG, I don’t know where my family would be without their help and honesty.- Danny Z.
Assets Subject to Probate
Not all assets go through probate. Assets subject to probate are those solely owned by the decedent or those without a qualifying beneficiary designation.
Common examples include:
- Solely owned real estate
- Bank or investment accounts without payable-on-death (POD) or transfer-on-death (TOD) beneficiaries
- Personal property, such as jewelry, vehicles, or furniture (without a joint owner)
- Business interests not governed by a succession plan
Other assets, such as life insurance policies, retirement accounts, jointly owned property with rights of survivorship, and accounts with designated beneficiaries, pass directly to the named recipient and do not go through probate.
When clients work with an estate administration lawyer at our firm, we begin with a comprehensive asset review to determine which items are subject to probate and which are not. This analysis considers Arkansas statutes and local recording requirements. For example, some Arkansas counties require additional documentation for transferring real property held solely in the deceased’s name.
By analyzing all of a person’s holdings, including out-of-state assets and business interests, we help clients understand where probate will apply and suggest steps to reduce legal complexity and potential tax exposure. Providing this information upfront allows families to plan for both immediate distribution and longer-term protection of their legacies.
Medicaid Estate Recovery & Arkansas Probate
As described above, Medicaid may place a claim on the decedent's estate in probate to recover benefits paid during their lifetime. If this happens, it can reduce the value of assets for heirs. This is why at AAPG Law, we provide planning services to help clients get the Medicaid benefits they need while minimizing the effect of estate recovery.
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Trusted Support for Families
For decades, families have trusted us to help them make informed decisions about their future with clarity and confidence.
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Personalized Legal Guidance
Every situation is unique, and we take the time to understand your needs, offering tailored solutions for long-term care and estate planning.
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Simplifying Medicaid Planning
Navigating Medicaid can be complex, but we handle the paperwork and planning so you can focus on what matters most.
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Asset Protection That Works
We help you safeguard your savings, home, and other assets while ensuring you or your loved ones receive the care needed.
Planning for long-term care and asset protection doesn’t have to be overwhelming. Let AAPG Law guide you through the process with clarity and confidence. Contact us today to schedule your free consultation.
Common Ways to Avoid Probate
Probate can be avoided through careful estate planning and asset structuring. The following are a few common ways we accomplish just that:
- Placing assets in trusts, which can avoid probate and offer benefits like asset protection, tax planning, and privacy
- Utilizing joint ownership with rights of survivorship, allowing assets to pass directly to the surviving owner
- Designating beneficiaries for retirement accounts and life insurance policies
- Making lifetime gifts to reduce the assets in an estate subject to probate
Preserving Assets & Legacies Is Our Priority
If you are searching for an Arkansas probate attorney who can also help with Medicaid planning and elder law, trust AAPG Law. Every day, we work to preserve the assets our clients have spent their lives building. Whether through avoiding probate or other planning strategies, we aim to support the financial security of those who come to us.
Start with us by requesting a free consultation. To do so, call (501) 530-9670 or submit our convenient online contact form.
Frequently Asked Questions
How Do I Know If an Estate in Arkansas Needs to Go Through Probate?
Probate is required in Arkansas when the deceased owned assets solely in their name or without a beneficiary designation. If all assets pass automatically, such as by joint ownership or beneficiary forms, probate is usually not needed. Real estate, investment accounts, and business interests without clear succession plans typically require probate.
What Documents Should I Gather Before Meeting with a Probate Lawyer?
Gather the decedent’s will, death certificate, list of heirs, real estate deeds, recent financial statements, and any records of debts or loans. These help your probate attorney in Arkansas prepare your case and move the process forward efficiently.
How Long Does the Arkansas Probate Process Usually Take?
The timeline can vary, but most uncontested probate cases in Arkansas are resolved within six to twelve months. More complex estates—with multiple heirs, contested wills, or business assets—can take longer due to court hearings and creditor notification periods.
Can Probate Be Avoided If There Is a Living Trust?
Yes. Assets placed in a properly funded living trust do not go through probate because the trust owns them, not the individual. This process is often recommended for those seeking privacy and a faster asset transfer after death.