Petition for Probate of Will and for Letters Testamentary - Arkansas

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. Timeliness under Ark. Code § 28-40-103:

☐ This Petition is filed within five (5) years after the death of the Decedent under subsection (a).

☐ This Petition is filed after five (5) years and relies on a stated statutory exception: ☐ appropriate equitable relief for fraudulent concealment of a will under subsection (b); or ☐ a nonresident's will previously admitted to probate in another appropriate jurisdiction, insofar as it relates to Arkansas real property, under subsection (c)(1). State the facts and identify any recorded purchaser interests addressed by subsection (c)(2): [________________________________].

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. Proof of the Will:

☐ One or more attesting witnesses made affidavits under Ark. Code § 28-25-106 before an officer authorized to administer oaths. Each affidavit is written on the Will or securely affixed to it or a true copy by that officer. If probate is uncontested, ask the Court to accept each affidavit in place of that witness's testimony.

☐ The Will is an attested will and will be proved under Ark. Code § 28-40-117(a) by the testimony of at least two (2) available attesting witnesses, or through that section's alternative proof when the required witness testimony cannot be procured. Provide testimony where an affidavit is unavailable or the Court does not accept it.

☐ 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 after proof under Ark. Code § 28-40-117 or acceptance of qualifying attesting-witness affidavits under § 28-25-106 in an uncontested probate;

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
☐ Attesting-witness affidavit, if made under Ark. Code § 28-25-106 and written on or securely affixed to the Will or a true copy
☐ Certified copy of Death Certificate
☐ Proof of will by witnesses where required (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 default and stated exceptions
• 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 — Affidavit of an attesting witness
• 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
• Christian v. McVesting, LLC, 2014 Ark. App. 509 (official Arkansas Judiciary opinion quoting § 28-40-103(a)-(c))
• Harts v. Damsky, 2024 Ark. App. 604 (official Arkansas Judiciary opinion applying the five-year default)