Does a will have an expiration date in Arkansas?

Q: How long does an heir have to claim their inheritance?

Heirs in Arkansas do not have a strict deadline to claim their inheritance. However, if a will is not probated within five years after the death of the testator, it may be difficult to enforce the will unless exceptions apply. Therefore, it is best for heirs to seek legal advice and act within a reasonable timeframe.

Q: Can an executor decide who gets what if there is no will?

If there is no will in Arkansas, the estate will be distributed according to state intestacy laws. The executor cannot unilaterally decide who gets what; they must follow the legal guidelines for distribution among the heirs as outlined in Arkansas law.

Q: Can a family member change a will?

In Arkansas, a family member cannot change a will unless they are the testator (the person who made the will) and have the legal capacity to do so. Any changes must be made following legal procedures, such as creating a new will or a codicil, and must be properly witnessed to be valid.

Q: How long do you have to claim inheritance money?

In Arkansas, there is no specific time limit for claiming inheritance money. However, if a will is not probated within five years of the decedent's death, it may complicate the process. Heirs should act promptly to ensure their claims are recognized and to facilitate the distribution of the estate.

Full question:

My grandfather passed away almost 6 years ago. He had a will and it stated that all of the property goes to my mother and nothing goes to her brother who is in prison and will never get out. My mother is selling the property and the attorney that is handling the abstract is saying that the will is not valid after five years and that it has to go to probate and that could take up to five years. This is in the state of Arkansas. Is this true? This is holding up the sale of her property. Does a will have an expiration date?

Category: Wills and Estates
Date: 04/07/2025
State: California

Answer:

In Arkansas, a will must be submitted for probate within five years of the person's death, according to Arkansas statute 28-40-103(a). If the will is not probated within this timeframe, it cannot be admitted to probate unless specific exceptions apply. However, if someone has fraudulently concealed the will, equitable relief may still be available.

Additionally, if the will pertains to real property in Arkansas, it can be admitted to probate even after the five-year limit if it was already probated in another jurisdiction. Rights to real property acquired after the decedent's death, assuming they died without a will, will not be negatively affected by the late probate of the will (Ark. Stat. § 28-40-103).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is there a time limit on claiming your inheritance?

In Arkansas, there is no specific time limit for heirs to claim their inheritance. However, if a will is not probated within five years of the decedent's death, it may not be admitted to probate unless certain exceptions apply. It is advisable for heirs to act promptly to ensure their rights are protected and to avoid complications in the estate settlement process.

How long does an heir have to claim their inheritance?

Can an executor decide who gets what if there is no will?

How to get power of estate after death?

To gain power over an estate after someone's death in Arkansas, you typically need to be appointed as the executor or administrator through probate court. This process involves filing the will (if one exists) and other required documents with the court to obtain letters testamentary or letters of administration, granting you authority to manage the estate.