Form 24: Petition For Appointment Of Guardian Of The Person And Estate

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 24: Petition For Appointment Of Guardian Of The Person And Estate 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 24: Petition For Appointment Of Guardian Of The Person And Estate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Form 24: Petition For Appointment Of Guardian Of The Person And Estate:

• 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 24 - Form 24: Petition For Appointment Of Guardian Of The Person And Estate 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 24, 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 24 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 24 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 24: Petition For Appointment Of Guardian Of The Person And Estate 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 24 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 24, and when in doubt— consult a qualified trust & estates lawyer for that area.

Form 24: Petition For Appointment Of Guardian Of The Person And Estate 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 24 - Form 24: Petition For Appointment Of Guardian Of The Person And Estate 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 24: Petition For Appointment Of Guardian Of The Person And Estate 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 24 - Form 24: Petition For Appointment Of Guardian Of The Person And Estate. You can use this to get an idea of the context of the form and what type of information is needed.

Form 24. In The Circuit Court of ________________ County, Arkansas Probate Division In The Matter of the Estate of _______________, Deceased No. _________ PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE The petitioner respectfully represents to this court that a guardian of the person and of the estate should be appointed for the incapacitated person whose name, date of birth, sex, and address are: Name Date of Birth Sex Residence Address ______________ ___________ ___ __________________________ The nature of the incapacity and purpose of the guardianship sought for the incapacitated person are: _________________________________________________________ [Insert the nature of incapacity and purpose of guardianship, in accordance with the definitions and classifications set forth in Ark. Code Ann. §§ 28- 65- 101 & 28-65- 104.] The nature, extent and value of the property of the incapacitated person and the interest of the incapacitated person in that property, are: ______________________________________________________________________ [Include approximate value and description of property, including any compensation, pension, insurance or allowance to which the incapacitated person may be entitled]. There is no guardian of the person or estate of the incapacitated person, except as follows: _________________________________________________________ [State whether a guardian has been appointed in any state for the estate or person of the incapacitated person and if not, write none.] _____________, whose address is ________________________, is related to or interested in the incapacitated person by reason of _______________ and is legally qualified to serve as guardian of the person and estate of the incapacitated person. ____[He] ____[She] is at present serving as guardian of the persons or estates of the incapacitated persons whose names and addresses are as follows: [List the names and addresses of any wards for whom the person whose appointment is sought is already guardian.] Name Residence Address _______________ ________________________________________ _______________ ________________________________________ _______________ ________________________________________ Insofar as the petitioner has been able to ascertain, the persons most closely related, by blood or marriage, to the incapacitated person are: Name Relationship Residence Address _______________ ___________ _____________________________ _______________ ___________ _____________________________ The nature of the proposed ward's alleged disability is: _________________________________________________________ [Set forth a statement of the alleged disability as defined by Ark. Code Ann. §§ 28-65- 101(1) & 28-65- 104.] Petitioner recommends the following type of guardianship, having the scope and duration indicated: ____________________________________________________________________________ [Include a recommendation proposing the type, scope and duration of guardianship.] The following facility or agency from which the proposed ward is receiving services has been notified of the proceedings: _____________________________________________________________________________ [Include a statement that any facility or agency from which the respondent is receiving services has been notified of the proceedings.] The names and addresses of others having knowledge of the proposed ward's disability are: Name Residence Address _________________ ______________________________________ _________________ ______________________________________ Date: _________, ____. _________________________________ [Signature][Petitioner] _________________________________ [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 24: This petition is for a guardianship of both the person and the estate. It should be modified if the guardianship is only of one or the other. By statute, incapacitated persons include those who are impaired by certain specified mental and physical disabilities, as well as persons under the age of 18 whose disabilities have not been removed and persons who are detained or confined by a foreign power or who have disappeared. Ark. Code Ann. §§ 28-65-101 & 28-65-104. Matters that must be enumerated in the petition are set forth in Ark. Code Ann. § 28-65-205. See also Ark. Code Ann. §§ 28-65- 105 - 28-65- 106 (purpose of guardianship proceedings and rights of incapacitated persons). Note (2019): The form was revised to provide for contact information.