Form 23: Affidavit For Collection Of Small Estate By Distributee

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 23: Affidavit For Collection Of Small Estate By Distributee 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 23: Affidavit For Collection Of Small Estate By Distributee

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Form 23: Affidavit For Collection Of Small Estate By Distributee:

• 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 23 - Form 23: Affidavit For Collection Of Small Estate By Distributee 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 23, 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 23 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 23 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 23: Affidavit For Collection Of Small Estate By Distributee 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.

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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 23 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 23, and when in doubt— consult a qualified trust & estates lawyer for that area.

Form 23: Affidavit For Collection Of Small Estate By Distributee 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 23 - Form 23: Affidavit For Collection Of Small Estate By Distributee 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 23: Affidavit For Collection Of Small Estate By Distributee 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 23 - Form 23: Affidavit For Collection Of Small Estate By Distributee. You can use this to get an idea of the context of the form and what type of information is needed.

Form 23. In The Circuit Court of ________________ County, Arkansas Probate Division In The Matter of the Estate of _______________, Deceased No. _________ AFFIDAVIT FOR COLLECTION OF SMALL ESTATE BY DISTRIBUTEE _____________, _____________ and _____________, for the purpose of dispensing with administration of this estate, deceased, state on oath: 1. The decedent ___________, aged ___, who resided at ____________________________ in __________ County, Arkansas, died at ________ on or about __________. No petition for the appointment of a personal representative for the decedent's estate is pending or has been granted. 2. More than forty-five (45) days have elapsed since decedent's death. 3. The value, less encumbrances, of all property owned by the decedent at the time of death, excluding the homestead of and statutory allowances for the benefit of the surviving spouse or minor children, if any, of the decedent, does not exceed one hundred thousand dollars ($100,000). 4. There are no unpaid claims or demands against the decedent or the decedent's estate, and the Department of Human Services furnished no federal or state benefits to the decedent (or, that if such benefits have been furnished, the Department of Human Services has been reimbursed in accordance with state and federal laws and regulations). 5. An itemized description and valuation of the decedent's personal property; a legal description and valuation of the decedent's real property, including homestead, if any; and the names and addresses of persons having possession thereof or residing on any of the decedent's real property, are: Description of Property, Valuation Less In Possession of and Extent and Details Encumbrances of Encumbrances, if Any ____________________ ______________ _______________ ____________________ ______________ _______________ 6. The names, ages, relationships to the decedent and residence addresses of the persons entitled to receive the property of the decedent as surviving spouse, heirs or devisees of decedent's will are: Name Age Relationship Residence Address __________________ ____ ____________ __________________ __________________ ____ ____________ __________________ THEREFORE, the distributee[s] of this estate shall be entitled to distribution of the property identified above, without the necessity of an order of the court or other proceeding, upon furnishing a copy of this Affidavit, certified by the clerk, to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right of the decedent. Date: _________, ___. _________________________________ [Signature] [Affiant] _________________________________ [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) CERTIFICATE OF CLERK The undersigned Clerk of the Probate Court of ___________ County, Arkansas, certifies that this is a true copy of an affidavit filed in this court on [date], that the affidavit remains on file and that no petition for the appointment of a personal representative of this estate has been filed in this court. Date: __________, ____. __________________________, Clerk. By: ________________, Deputy Clerk. (Seal) Reporter's Notes to Form 23: See Ark. Code Ann. § 28-41- 101. The language in parentheses in Paragraph 4 should be substituted for the language immediately preceding it if the Department of Human Services furnished benefits to the decedent. An affidavit by the distributee is required by Ark. Code Ann. § 28-41- 101(a)(4). If an estate collected pursuant to this affidavit contains real property, the distributee, to allow for presentation of claims against the estate, may publish a notice promptly after the affidavit has been filed. Ark. Code Ann. § 28- 41- 101(b)(2). Note (2019): The form was revised to provide for contact information.