Angela C. Artherton

Caring and Client-Focused Advocacy

Beginning the probate process for an estate

On Behalf of | Mar 8, 2023 | Estate Administration, Probate

One of the tasks that fall to survivors is to handle the property of their loved ones. In some cases, people make significant preparation before they die. In others, there might be more work to do.

Regardless of the details, one of the tasks involved will probably be to head to the probate court. This article will look at a few details about that process.

Probate court overview

While the term is almost synonymous in common language with estates, Arkansas probate courts also handle other cases. These include adult protective custody, guardianships and trust administration.

The most common categories of cases for those who recently lost loved ones go by the official names of “decedent estate administration” and “small estate.” These terms generally refer to cases in which the person had or did not have qualified property that exceeded a prescribed value. Applicants would be able to choose the appropriate type of case in their cover sheet when beginning the process.

Beginning probate

The probate process typically starts at the county clerk’s office. For example, the Boone County Clerk’s Office at 100 North Main in Harrison handles the records for the county.

If the decedent — in other words, the person who died — maintained their primary residence in Boone County, this office would be the place where most people would start administrating an estate or beginning the small-estate process. There are some special cases as well, such as those in which the place of residence is unknown.

The county clerks also tend to provide some guidance on what to do next. However, as the officials are likely to explain, the clerk’s office does not provide legal advice on specific cases — it simply provides information about the processes it performs.