concerned about great aunts will

In Arkansas, my great aunt passed away this May. I am one of the heirs. The executor of her estate has not notified anyone of the heirs. I heard that she was going to wait 4 yrs before she probated the will. I live in Texas and I was wondering if she has to notify the heirs before anything else is done or do we need to do anything before then. Also how long after her death does she have to probate the will? I know nothing about the laws in Arkansas. thanks. L.Witt

SEPT. 6, 2001

DEAR JERIANN:

If you know any of the heirs who happen to live in the same city or county as your great aunt, ask them to check at the county courthouse to see if the will has been filed yet. It is normally required that the will be filed within 30 days after a person's death. If the will is filed, you can get a copy of it since it is public record.

This executor IS MAKING A BIG MISTAKE by not filing the will in timely fashion (it would be stupid and practially illegal for her to wait 4 years to file it). You really need to have someone in Arkansas speak to an Arkansas probate attorney (or post your question on the website www.lawguru.com where an Arkansas attorney would see it) about the time limit for filing (if there is one), and you should also know that you or any of the other heirs can hire an attorney to file a petition with the courthouse to force the executor to produce the will for filing immediately.

The probate process in a simple estate may take anywhere from 1 month to 4 months or more.

In fairness to the executor, it will take about that time for the executor to claim all assets and pay any outstanding bills (debts, funeral expenses, taxes) before it can be calculated as to how much money is left to distribute to heirs. Make sure the executor has your name and address and phone number so they will know how to reach you when it is time to make the distribution.

SINCERELY,

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