Petition for Probate of Will and for Letters Testamentary

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS (PROBATE DIVISION)

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]

Address: [STREET ADDRESS], [CITY], Arkansas [ZIP CODE]

Telephone: [____________________] Email: [____________________]

Capacity / interest of Petitioner (an "interested person" under Ark. Code § 28-40-107(a)):
☐ Executor nominated in the Decedent's Last Will and Testament
☐ Devisee or legatee under the Will
☐ Heir of the Decedent
☐ Surviving spouse
☐ Other interested person: [____________________________________]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____] at the age of [____] years (Ark. Code § 28-40-107(c)(1)).

b. The Decedent resided in [COUNTY] County, Arkansas, at the time of death. Venue for the probate of the Will and for administration is proper in this county pursuant to Ark. Code § 28-40-102(a)(1).

c. ☐ The Decedent did not reside in Arkansas but the greater part in value of the Decedent's Arkansas property is located in [COUNTY] County; venue is proper under Ark. Code § 28-40-102(a)(2). General description and value of Arkansas property: [________________________________].

d. This Petition is filed within five (5) years after the death of the Decedent, as required by Ark. Code § 28-40-103.

e. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [____________], if any).

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered for probate is the Decedent's Last Will and Testament, executed on [__/__/____], the original of which ☐ accompanies this Petition / ☐ has been filed with the Clerk of this Court.

b. ☐ The Will is not filed and a copy is attached, or the Will is lost, destroyed, or suppressed and a statement of its provisions so far as known is set forth in the attachment (Ark. Code § 28-40-107(c)(6)).

c. Self-proving status and proof of the Will:

☐ The Will is self-proved under Ark. Code § 28-25-106, executed with the acknowledgment of the Decedent and the affidavits of the attesting witnesses before an officer authorized to administer oaths. It may be admitted to probate without the testimony of the attesting witnesses.

☐ The Will is an attested will that is not self-proved and will be proved by the testimony of at least two (2) attesting witnesses living at known addresses within the continental United States and capable of testifying, or, if unavailable, by at least two (2) credible disinterested witnesses, as provided in Ark. Code § 28-40-117(a).

☐ The Will is holographic and will be proved by the testimony of at least three (3) credible disinterested witnesses proving the handwriting and signature of the Decedent, as provided in Ark. Code § 28-40-117(b).

d. Attesting witnesses (if applicable):

e. The Will has not been revoked and is, to the best of Petitioner's knowledge, the Decedent's last valid Will.

6. DEVISEES, LEGATEES, AND HEIRS ENTITLED TO NOTICE

The names, ages, relationships to the Decedent, and residence addresses of the heirs and devisees, so far as known or ascertainable with reasonable diligence (Ark. Code § 28-40-107(c)(2)):

A. Devisees and legatees under the Will:

B. Heirs at law (those who would take by intestate succession under Ark. Code § 28-9-201 et seq.), entitled to notice:

☐ The Decedent was survived by a spouse: [NAME].

7. PROBABLE VALUE OF THE ESTATE

The probable value, stated separately, of the real and personal property of the Decedent (Ark. Code § 28-40-107(c)(3)):

8. NOMINATION, PRIORITY, AND QUALIFICATION OF EXECUTOR

a. The Will nominates [PETITIONER / NOMINATED EXECUTOR NAME] as Executor. Petitioner prays that letters be issued to this person, whose relationship to the Decedent is [____________] (Ark. Code § 28-40-107(c)(7)–(8)).

b. Domiciliary letters testamentary may be granted first in priority to the executor or executors nominated in the will under Ark. Code § 28-48-101(a)(1).

c. Petitioner is not disqualified under Ark. Code § 28-48-101(b): Petitioner is at least eighteen (18) years of age, of sound mind, not a convicted and unpardoned felon, and not a person whom the Court finds unsuitable. ☐ Petitioner is a nonresident and has appointed a resident agent for service of process as required by § 28-48-101(b)(6).

9. BOND

a. Bond is governed by Ark. Code § 28-48-201. The Court will require the personal representative to give bond unless excused.

☐ The Will directs that no bond be required / expressly waives bond; Petitioner requests that no bond be required, subject to the Court's discretion.

☐ Petitioner will furnish bond in the amount fixed by the Court. Estimated bond amount: $[________________].

b. Under Ark. Code § 28-48-102(a), letters will be issued after Petitioner has given any required bond and the bond has been approved, or, if no bond is required, after Petitioner files a written acceptance of appointment.

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

a. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any codicil) to probate, proven as provided in Ark. Code § 28-40-117 (or § 28-25-106 if self-proved);

b. Appoint Petitioner as Executor of the estate pursuant to Ark. Code § 28-48-101(a)(1);

c. Direct issuance of Letters Testamentary to Petitioner upon qualification, in the form prescribed by Ark. Code § 28-48-102;

d. Fix or waive bond as provided in Ark. Code § 28-48-201;

e. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I am the Petitioner; that I have read the foregoing Petition; and that the matters and facts stated therein are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

STATE OF ARKANSAS

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [____________], 20[____].

______________________________________
Notary Public / Clerk
My commission expires: [__/__/____]

12. CERTIFICATE OF SERVICE / NOTICE

Promptly after letters are granted, the personal representative shall publish notice of appointment to creditors requiring claims to be presented within six (6) months from the date of first publication, and within one (1) month after first publication shall serve a copy of the notice upon each heir and devisee whose name and address are known and upon all known or reasonably ascertainable unpaid creditors, all as required by Ark. Code § 28-40-111.

Signature: ______________________________________

Printed Name: [PETITIONER / ATTORNEY NAME]

Arkansas Bar No.: [________________] (if attorney)

Address: [________________________________]

Telephone: [____________________] Email: [____________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil), or copy / statement of contents if not filed
☐ Self-proving affidavit, if separate (Ark. Code § 28-25-106)
☐ Certified copy of Death Certificate
☐ Proof of will by witnesses, if the Will is not self-proved (Ark. Code § 28-40-117)
☐ Written acceptance of appointment (Ark. Code § 28-48-102)
☐ Proposed Order admitting Will to probate and appointing Executor
☐ Proposed Letters Testamentary (Ark. Code § 28-48-102)
☐ Bond, unless waived (Ark. Code § 28-48-201)
☐ Notice of appointment to heirs, devisees, and creditors (Ark. Code § 28-40-111)
☐ Filing fee
☐ Any local circuit-court probate forms

SOURCES AND REFERENCES

• Ark. Code § 28-40-102 — Venue
• Ark. Code § 28-40-103 — Five-year limit to admit a will to probate
• Ark. Code § 28-40-107 — Petition for probate and appointment; contents
• Ark. Code § 28-40-117 — Proving the will (attested and holographic)
• Ark. Code § 28-25-106 — Self-proved will
• Ark. Code § 28-48-101 — Persons entitled to domiciliary letters; priority; disqualification
• Ark. Code § 28-48-102 — Letters — issuance and form
• Ark. Code § 28-48-201 — Bond of personal representative
• Ark. Code § 28-40-111 — Notice to heirs, devisees, and creditors