How Can I File a Claim Against An Estate?

Filing a claim against an estate is probably easier than you think.

The first step is to find out what county the estate is being handled in and if probate is opened.  You can search on Arkansas Court Connect or call the County Clerk in the county and ask.  Be  sure to write down the case number, the executor’s name, and the attorney’s name.

If Probate has not been opened, then you cannot file a claim…

Next, you need to fill out the claim form and file it with the County Clerk.  You can find the form to claim at The Official Arkansas Probate Forms (Form 18).

Leave a two inch margin at the top of the form.  Then create caption like this:

IN THE CIRCUIT COURT OF <TYPE YOUR COUNTY HERE> COUNTY, ARKANSAS

PROBATE DIVISION

IN THE MATTER OF THE GUARDIANSHIP OF: <DECEDENTS NAME>, Deceased

No. <CASE # HERE>

AFFIDAVIT TO CLAIM AGAINST ESTATE 

 

After the caption, you will type in the rest of the form, date, and sign it.

I, ____________, do swear that the attached claim against the estate of ____________, deceased, is correct, that nothing has been paid or delivered toward the satisfaction of the claim except as noted, that there are no offsets to this claim, to the knowledge of this affiant, except as therein stated, and that the sum of ________ Dollars ($ ________) is now justly due (or will or may become due as stated). I further state that if this claim is based upon a written instrument, a true and complete copy, including all endorsements, is attached.

Date: _________, ___.

_________________________________

 

After filling it out, dating, and signing file it with the County Clerk for a fee of $5.00.

The clerk will file mark it and return you a copy.  Send a copy to the attorney of record.

Here is a sample taken from a real case:

 

IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS

PROBATE DIVISION

IN THE MATTER OF THE ESTATE OF JOHN SMITH, Deceased

CASE NO. PR 14-999

AFFIDAVIT TO CLAIM AGAINST ESTATE

I, _______________________________________________________, do solemnly swear that the attached claim against the estate of JOHN SMITH, deceased, is correct, that nothing has been paid or delivered toward the satisfaction thereof except what is credited thereon, that there are no offsets to the same, to the knowledge of his affiant, except as therein stated, and that the sum of ______________________________________________________ DOLLARS ($__________________) is now justly due or will or may become due as stated therein.  I further state that if this claim is based upon a written instrument, the copy thereof, including all endorsements, which is attached hereto, is true and complete.

 

Date:

 

________________________________

Print Name:

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from DeWitt Law Firm, PLLC