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Understand the regulations for proving a will in Arkansas

On Behalf of | Mar 26, 2022 | Wills

Settling the affairs of a deceased individual must be completed in an organized fashion in Arkansas. Utilizing the probate process is the best way to handle this task if there are unclear terms, the deceased’s estate is extensive or the beneficiaries are minors without a conservatory or guardian. It allows the assets of the person who has died to be appropriately distributed according to a will. Proving a will in probate court is essential as it is the legal document stating to whom assets should be given.

Proving a will in probate court requires you to follow specific regulations

One of the regulations to prove a will is the testimony of at least two attesting witnesses living at known addresses in the continental United States. If this first step can’t be completed after exercising reasonable due diligence, the will may be proven by receiving testimony from at least two credible disinterested witnesses. These witnesses must prove the handwriting of the attesting witnesses who aren’t available for testimony and prove the handwriting of the testator.

Proving a holographic will

If a holographic will is presented for the distribution of assets, it needs to be proven by the testimony of at least three credible disinterested witnesses. They must prove the handwriting and signature of the testator.

Handling a destroyed or lost will

If a will has been destroyed or lost, competent and sufficient evidence, such as a copy or draft that is satisfactorily identified, can be used to distribute the assets left by a deceased individual.

Producing other evidence to prove a will

During the hearing on the petition for probate, the due execution of a will may be proved by other evidence provided by the testimony of subscribing witnesses.

Understanding the requirements for proving a will in probate court should help you maneuver this process more efficiently and effectively.