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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33703
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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What is the simplest way to transfer land in Arkansas if

Customer Question

what is the simplest way to transfer land in Arkansas if probate has been done in Wisconsin. Value of land is about $3,000.00
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Unfortunately, there really isn't a "simple" way to go about this because if there is property located in a different state from where they probate was filed and settled, then the executor would have to file an "ancillary probate" in AR so as to settle the estate regarding any land located there. This is because each state has jurisdiction over any real property located within its boundaries and only that state's probate court can order that it descend to any heirs once the ancillary probate case is filed.

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So to be honest, if we are talking about $3,000 in land, it might not be worth the time and expense of filing the ancillary probate in AR to have it transferred to the heirs as the ancillary case has to be filed in person, which means the expense of traveling to AR, and there will be at least one other court hearing after that, which means a trip back. This is also assuming that the executor doesn't hire an attorney to assist, which would easily mean that it costs more than there is to get out of the land to settle the estate in AR.

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thanks

Barrister