§ 28-41-101 - Collection of small estates by distributee. - Arkansas Statutes

28-41-101. Collection of small estates by distributee.

(a) The distributee of an estate shall be entitled thereto without the appointment of a personal representative when:

(1) No petition for the appointment of a personal representative is pending or has been granted;

(2) Forty-five (45) days have elapsed since the death of the decedent;

(3) The value, less encumbrances, of all property owned by the decedent at the time of death, excluding the homestead of and the statutory allowances for the benefit of a spouse or minor children, if any, of the decedent, does not exceed one hundred thousand dollars ($100,000);

(4) There shall be filed with the probate clerk of the circuit court of the county of proper venue for administration an affidavit of one (1) or more of the distributees setting forth:

(A) That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations;

(B) An itemized description and valuation of the personal property and a legal description and valuation of any real property of the decedent, including the homestead;

(C) The names and addresses of persons having possession of the personal property and the names and addresses of any persons possessing or residing on any real property of the decedent; and

(D) The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property; and

(5) There is furnished to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right, a copy of the affidavit certified by the clerk.

(b) (1) The clerk shall file the affidavit, assign it a number, and index it as required by 28-1-108(1). He or she shall make a charge of twenty-five dollars ($25.00) for filing the affidavit and three dollars ($3.00) for each certified copy. No order of the court or other proceeding shall be necessary. No additional fees shall be charged if a will is attached to the affidavit.

(2) (A) If an estate collected under this section contains any real property, the distributee, in order to allow for claims against the estate to be presented, may cause, promptly after the affidavit has been filed, a notice of the decedent's death and the filing of an affidavit for collecting of his or her estate to be published.

(B) The notice shall contain:

(i) The name of the decedent and his or her last known address;

(ii) The date of death;

(iii) A statement that the affidavit was filed, the date of the filing, and a legal description of all real property listed in the affidavit;

(iv) A statement requiring all persons having claims against the estate to exhibit them, properly verified, within three (3) months from the date of the first publication of the notice, or they shall be forever barred and precluded from any benefit in the estate;

(v) The name and mailing address of the distributee or his or her attorney; and

(vi) The date the notice was first published.

(C) Publication of the notice shall be as provided in 28-1-112(b)(4) and 28-40-111(a)(4).