Form 16: Petition For Award Of Statutory Allowances

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Form 16: Petition For Award Of Statutory Allowances is a commonly used form within Arkansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Form 16: Petition For Award Of Statutory Allowances

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Form 16: Petition For Award Of Statutory Allowances:

• This form pertains to the State of Arkansas

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Arkansas’s Form 16 - Form 16: Petition For Award Of Statutory Allowances up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Arkansas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Arkansas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 16, take a break, and then review. Probate and estate settlement processes in AR are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 16 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 16 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Form 16: Petition For Award Of Statutory Allowances to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Arkansas.

5 reasons you should submit 16 as quickly as possible:

1. The sooner you begin, the faster Arkansas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Arkansas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Arkansas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Arkansas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Arkansas probate clerk or court for exact answers regarding Form 16, and when in doubt— consult a qualified trust & estates lawyer for that area.

Form 16: Petition For Award Of Statutory Allowances is one of the many probate court forms available for download through Atticus.

It may also be available through some Arkansas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Arkansas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 16 - Form 16: Petition For Award Of Statutory Allowances f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Arkansas probate court office.

Form 16: Petition For Award Of Statutory Allowances is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Arkansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Arkansas Form 16 - Form 16: Petition For Award Of Statutory Allowances. You can use this to get an idea of the context of the form and what type of information is needed.

Form 16. In The Circuit Court of ________________ County, Arkansas Probate Division In The Matter of the Estate of _______________, Deceased No. _________ PETITION FOR AWARD OF STATUTORY ALLOWANCES The decedent, __________, is survived by the persons named below who constitute the surviving spouse, if any, and all of the decedent's minor children, if any. Name of surviving spouse: __________________________. Children: Name of Child Sex Age Name of Guardian _______________________ ____ ____ _____________________ _______________________ ____ ____ _____________________ The surviving spouse, who was living with the decedent at the time of the decedent's death, is entitled to the award of the following items of household furniture, furnishings, appliances, implements and equipment which are reasonably necessary for the use and occupancy of the family dwelling by the surviving spouse and minor children, if any: HOUSEHOLD FURNITURE AND EQUIPMENT _________________________________________________________ [Itemizing is required only to the extent necessary to distinguish the selected items from other household furniture and equipment, if any, of the decedent's estate.] Among the items of personal property of the estate of the decedent are those described below, which the undersigned surviving spouse of the decedent (or the undersigned guardian of the decedent's minor children) have selected to be assigned to and vested in the surviving spouse and minor children of the decedent as provided by law. Each item of property has the value stated opposite its description. ITEMIZED DESCRIPTION OF PROPERTY Description Value _________________________________ $ ________ _________________________________ $ ________ _________________________________ $ ________ The surviving spouse and minor children of the decedent are entitled to be awarded sustenance for a period of two months after the death of the decedent as follows: _________________________________________________________ THEREFORE, petitioner requests that this court enter an order assigning to and vesting in the surviving spouse and minor children of the decedent the personal property described above, to which they are respectively entitled under the provisions of Ark. Code Ann. §§ 28-39- 101 through 28-39- 104. Date: _________, ___. _________________________________ [Capacity of Petitioner] ________________________________ [Signature] _________________________________ [Print Name] _________________________________ _________________________________ [Address] __ _______________________________ [Telephone Number] _________________________________ [Email Address] STATE OF ARKANSAS COUNTY OF __________________ Subscribed and sworn to before me on _____________ __ ____. ___________________________ [Signature] ___________________________ [Official Title] My commission expires:______ (Seal) Reporter's Notes to Form 16 as Amended in 2013 to Conform with Substantive Law Changes: See Ark. Code Ann. §§ 28- 39- 101 - 28-39-104 (Repl 2012). The total value under Itemized Description of Property is limited to $2,000 as against creditors and $4,000 as against distributees. If minor children are not the children of the surviving spouse, the petition should be revised to reflect that the allowance vests in the surviving spouse to the extent of one-half thereof, and the remainder vests in the decedent's minor children in equal shares. Award for sustenance for period of two months after death of decedent shall be a reasonable amount, not to exceed $1,000 in the aggregate. Ark. Code Ann. § 28-39- 101(c). Beneath the signature line, the capacity of the petitioner should be identified (e.g., as the personal representative, the surviving spouse, or the guardian of minor children). If the petitioner is the guardian of minor children, the language in parentheses should be substituted for the language immediately preceding it. Note (2019): The form was revised to provide for contact information.