Welcome to Wilson and Harvard's small estate affidavit in Arkansas. This process allows you to avoid the cost and length of time involved with probate. The requirements to file a small estate affidavit include: the total estate value must be less than $100,000, all claims, deaths, or judgments against the estate must have been paid, 45 days must have passed since the decedent's death, and the Department of Human Services should not have provided any federal or state benefits to the decedent (typically Medicaid). A petition for appointment of a personal representative should not be pending or granted. The information documents needed to file with the affidavit include: a certified copy of the death certificate, the original will or a statement declaring the absence of a will, and if there are creditors, you will need the name and mailing address of each creditor, the amount owed to each creditor, and the type of claim (medical, etc.). For the assets, you will need the type of asset, account numbers, vehicle identification number, or a copy of the current deed. Additionally, for the assets, you will need the balance of the account or the valuation of the vehicle or property. You will also need a list of heirs, including their full legal names, mailing addresses, dates of birth, and their relationship to the deceased. If the estate contains real property, you must file a newspaper notice of the decedent's death and the filing of the affidavit within 30 days. The notice must contain the decedent's name, last known address, date of death, a statement that the affidavit was filed, the date of filing, and a legal description of the property listed in the small estate affidavit. Furthermore, the notice should require all persons with claims to bring them within three months. The name and address...
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