Claimed Lawyer ProfileQ&A
- Business Law
- Estate Planning
- Real Estate Law
Jurisdictions Admitted to Practice
- Arkansas State Bar
2 Questions Answered
- Q. CAN A FAMILY APPOINT AN EXECUTOR WITHOUT GOING TO PROBATE?
- A: The appointment of an executor in Arkansas is a function of the Court in the probate proceeding. An individual's will can nominate the preferred personal representative, and the beneficiaries of an estate can enter into a family settlement agreement that may address the personal representative issue. However, only the Court can make the actual appointment.
- Q. Is a self written will legal in Arkansas
- A: Yes. A self written will can be valid in Arkansas provided it follows the statutory requirements. In these days and times, a self written will could include the traditional holographic will, which is hand written, or a will that the testator creates and prints from their computer. Either can be valid, but depending on which method is chosen, the number of witnesses changes. Anyone desiring to create their own will should carefully review the requirements for proper execution, including the number and type of witnesses needed.
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