[AR] How do I transfer a property in a small estate probate?
My father passed away and I am trying to get the property put into my name. We have gone through the county Probate, now I need to get the deed. How do I do this?
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Publish Notice in a Local Newspaper (AR Code § 28-41-101(b)(2)(B))
If the deceased owned real estate, you must publish a notice in a local newspaper within 30 days of filing the affidavit. The notice should state the deceased's death, the filing of the affidavit, and that creditors have 90 days from the publication date to make claims against the estate. The notice should also state that any interested party can file a claim with the court.
Submit the Deed of Distribution (AR Code § 28-41-102)
Once the 30-day publication period has passed and creditors have had time to make claims, you can submit a deed of distribution. This document transfers ownership of the real estate to the designated heirs or beneficiaries. The deed of distribution should be signed and notarized. You will need to file the deed of distribution with the appropriate county clerk's office.
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My father passed away and I am trying to get the property put into my name. We have gone through the county Probate, now I need to get the deed. How do I do this?
Lexi, Chatbot
I'm sorry to hear about the passing of your father. Have you located his original deed for the property?
No I have been dealing with the county as the property is over 600 miles from me.
Lexi, Chatbot
Do you have a copy of the probate court order that shows you as the rightful heir or beneficiary of the property?
Yes
Lexi, Chatbot
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with transferring the property into your name.
I have the Small Estate Probate paper from the Judge.
Jessica B
Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question.
I am reviewing your question and will be providing a response momentarily.
I am so sorry for your loss. Is the probate currently opened with the court?
ty . No, it's been closed.
Probate papers were filed on Feb 24, 2025 with the County Clerks office.
Jessica B
Ok the probate must be opened so that the executor may execute a deed to transfer title to the heir of the estate.
The description says case Closed
Jessica B
If the probate is closed you will need to file a Petition to reopen the Probate.
Why would they close the case knowing we were trying to get the deed in my name?
Jessica B
It is hard to say without reviewing the court file.
Im trying to look up the case, I have the case number.
[ATTACHMENT SENT]
Jessica B
Ok so it was not a formal probate. You used a Small Estate Affidavit?
Yes, that is what they told me to use.
Jessica B
What state is the property located?
Arkansas
Jessica B
Did you publish with a local newspaper after the affidavit was filed with the court?
Yes, I have the receipt from the paper.
Jessica B
Publish Notice in a Local Newspaper (AR Code § 28-41-101(b)(2)(B))
If the deceased owned real estate, you must publish a notice in a local newspaper within 30 days of filing the affidavit. The notice should state the deceased's death, the filing of the affidavit, and that creditors have 90 days from the publication date to make claims against the estate. The notice should also state that any interested party can file a claim with the court.
Submit the Deed of Distribution (AR Code § 28-41-102)
Once the 30-day publication period has passed and creditors have had time to make claims, you can submit a deed of distribution. This document transfers ownership of the real estate to the designated heirs or beneficiaries. The deed of distribution should be signed and notarized. You will need to file the deed of distribution with the appropriate county clerk's office.
How do I get a deed of distribution?
And, do we have to wait the 90 days or 30 days?
Jessica B
Here is the form: Arkansas Deed of Distribution for Small Estates
So fill this form out, get it notorized and file with the County Clerk office?
Jessica B
Correct.
Last question is do I have to wait the 90 days, or the 30 days?
Jessica B
90 days.
ok thanks, I really appreciate your help, you were awesome!!
Jessica B
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
Thanks for your help.
Jessica B
Thank you.
Jessica B
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