Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
On Tuesday, the Federal Trade Commission issued a new Rule putting an end to employment-related non-compete clauses. In its justification for the rule, the FTC called non-compete clauses “an unfair method of competition” and stated it is a “violation for [employers] to… enter into non-compete clauses (“non-competes”) with workers.” In today’s very competitive labor market, the new FTC Rule creates a significant disruption for employers.
This new FTC provision—set to take effect in 120 days—renders existing non-compete agreements unenforceable. Existing non-compete agreements with senior executives will remain enforceable, although employers cannot require newly hired senior executives to sign such an agreement.
After the Rule takes effect, employers are required to deliver personal notice to employees (past and present) who signed a non-compete agreement informing them agreements are no longer enforceable. In the notice, employers must inform employees they are free to accept any job or start any business, even if it is directly competitive with the employer.
Compliance with the FTC Rule is not optional. Employers should consider new ways they can protect against a former employee gaining a competitive advantage by using the employer- provided training, the relationships made possible by the employer, or the confidential information learned from the employer. RMP can assist you in navigating this disruption and can provide advice on how to most effectively protect your vital business interests going forward.
RMP Attorneys At Law has an experienced Employment Law Attorney team dedicated to helping you navigate these changes. If you have any questions or would like guidance, reach out to one of our employment attorneys, Tim Hutchinson, Seth Haines, Larry McCredy, or Taylor Baltz or call 479.443.2705.
After a loved one dies, family members often want to know whether probate will be necessary and what that process will look like. In Arkansas, some estates may qualify as small estates and be eligible for a simplified procedure. This simplified procedure for small estates allows the distributees of the estate to collect and transfer estate assets without a full probate administration, but it is not available in every situation.Before filing an Arkansas small estate affidavit, it is important to understand what the procedure does, who may use it, and the complications that can make formal probate the better or necessary option.
A beneficiary deed is a type of deed that names one or more people or entities to receive real estate An affidavit for collection of a small estate is a sworn document filed with the probate clerk in the circuit court in the appropriate Arkansas county. It identifies the person who died, the individuals entitled to receive the estate, an itemized description of the assets of the estate, and other information required by Arkansas Code Annotated § 28-41-101.
The small estate collection procedure is intended to provide a more streamlined alternative to a traditional probate administration for qualifying estates. Unlike a full administration, small estate procedures generally do not involve the appointment of a personal representative to administer the estate over an extended period.
That does not mean the process is informal or automatic. The person filing the affidavit accepts legal responsibilities, and errors may affect creditors, heirs, title to property, and future sales or transfers.
Under Arkansas law, the value of property owned by the decedent at death, less encumbrances, generally cannot exceed $100,000 for the estate to qualify for the small estate procedure. The value of the decedent’s homestead and the value of any statutory allowances for the benefit of a spouse or minor children are excluded from this calculation
Determining whether an estate falls below the limit can require more than adding the apparent value of everything the person owned. The analysis requires distinguishing between probate assets and assets that pass outside of probate.
Assets that pass outside probate include:
Whether a particular asset is included in the probate estate depends on its ownership and beneficiary arrangements. Families should confirm how each asset passes instead of assuming that everything listed in a will or appearing to be owned by the decedent is part of the probate estate.
Arkansas law requires families to wait at least 45 days after the person's death before filing a small estate affidavit. The affidavit is filed with the probate clerk of the circuit court in the county where the deceased person resided.
If the person lived outside Arkansas but owned property in the state, determining the correct county and procedure may require additional analysis.
The waiting period does not necessarily mean families should ignore the estate for 45 days. During that time, it may be necessary to secure real estate, maintain insurance, protect vehicles and personal property, locate estate planning documents, identify financial accounts, and gather information about any outstanding debts or liabilities.
The affidavit is generally filed by one or more distributees, meaning individuals legally entitled to receive property from the estate. That right may arise under a valid will or, when there is no will, under Arkansas intestacy law.
Before filing, those signing the affidavit should confirm:
The identity of the distributees can become complicated in blended families, second marriages, estranged family relationships, or situations involving deceased descendants. Families should proceed carefully. A mistaken assumption about who inherits can lead to improper transfers and subsequent disputes.
Yes, a qualifying small estate may include real property, but real estate often makes the process more complicated.
If the deceased person owned a home, farmland, rental property, or other land in his or her individual name, the family should first review the deed. Property owned with survivorship rights, held in a trust, or covered by a valid beneficiary deed may pass outside probate. Solely owned property may need to be addressed through probate or the small estate procedure.
When real estate is included, Arkansas law may require additional notice and publication steps. The recorded title, legal description, mortgages, tax status, liens, and rights of other heirs should also be reviewed.
Filing an affidavit does not automatically resolve every title issue. A title company may request certified documents or additional proof before insuring a later sale. Old deeds, incomplete prior estates, incorrect legal descriptions, and undocumented family arrangements can delay a closing even when the estate falls below the statutory value limit.
After filing, certified copies of the affidavit may be presented to a person or institution holding estate property. Depending on the asset, that may include a bank, financial institution, vehicle agency, or other custodian.
The filer may then collect and distribute property according to the will or Arkansas inheritance law, subject to the applicable requirements and the estate's obligations.
The filer should keep organized records of:
A simplified process does not eliminate the need for careful administration.
Using a small estate affidavit does not make valid debts disappear. Before distributing property, families should identify known obligations such as:
Distributing assets too quickly can create problems if valid expenses or claims remain unpaid. The person handling the estate should avoid promising property to family members or spending estate funds before understanding the estate's obligations.
An estate may fall below the $100,000 limit and still be a poor fit for the simplified procedure. Formal probate may be necessary or more appropriate when:
A court-appointed personal representative can provide a clearer structure for gathering assets, resolving claims, managing property, and completing distributions when the estate is not truly simple.
Families frequently create avoidable problems by moving too quickly or relying on assumptions. Common mistakes include:
Correcting an inaccurate affidavit or improper distribution can cost more than addressing the issue properly at the beginning.
It can avoid a full probate administration for a qualifying estate, but it is still a formal procedure involving a filing with the probate clerk. Additional requirements may apply depending on the assets involved.
Arkansas law generally applies a $100,000 limit to the value of the decedent's property, less encumbrances and excluding certain statutory allowances. Identifying which assets are included and how encumbrances apply may require legal review.
Potentially. The existence of a will does not automatically prevent use of the procedure. The will and the affidavit must be handled according to Arkansas law, and the estate must otherwise qualify.
The legal requirements depend on the circumstances, but disagreement among heirs is a warning that the simplified procedure may not provide enough structure. A dispute about ownership, inheritance, or distribution should be addressed before property changes hands.
It may be possible in a qualifying case, but the deed, title history, statutory procedure, creditor issues, and documentation required by the title company should be reviewed before a contract is signed.
The Arkansas small estate procedure can save time and expense when an estate genuinely qualifies. It can also create future problems if the filer overlooks an heir, debt, title issue, or required step.
RMP Law assists families, heirs, beneficiaries, and fiduciaries with estate administration and probate matters throughout Arkansas, including Little Rock, Bentonville, Springdale, Fayetteville, Jonesboro, and surrounding communities.
If you need help determining whether a small estate affidavit or formal probate is appropriate, contact RMP Law at 479-443-2705 or use our Message Us form.
Main RMP Number: 479-443-2705
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
DISCLAIMER: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
After a loved one dies, family members often want to know whether probate will be necessary and what that process will look like. In Arkansas, some estates may qualify as small estates and be eligible for a simplified procedure. This simplified procedure for small estates allows the distributees of the estate to collect and transfer estate assets without a full probate administration, but it is not available in every situation.Before filing an Arkansas small estate affidavit, it is important to understand what the procedure does, who may use it, and the complications that can make formal probate the better or necessary option.
A beneficiary deed is a type of deed that names one or more people or entities to receive real estate An affidavit for collection of a small estate is a sworn document filed with the probate clerk in the circuit court in the appropriate Arkansas county. It identifies the person who died, the individuals entitled to receive the estate, an itemized description of the assets of the estate, and other information required by Arkansas Code Annotated § 28-41-101.
The small estate collection procedure is intended to provide a more streamlined alternative to a traditional probate administration for qualifying estates. Unlike a full administration, small estate procedures generally do not involve the appointment of a personal representative to administer the estate over an extended period.
That does not mean the process is informal or automatic. The person filing the affidavit accepts legal responsibilities, and errors may affect creditors, heirs, title to property, and future sales or transfers.
Under Arkansas law, the value of property owned by the decedent at death, less encumbrances, generally cannot exceed $100,000 for the estate to qualify for the small estate procedure. The value of the decedent’s homestead and the value of any statutory allowances for the benefit of a spouse or minor children are excluded from this calculation
Determining whether an estate falls below the limit can require more than adding the apparent value of everything the person owned. The analysis requires distinguishing between probate assets and assets that pass outside of probate.
Assets that pass outside probate include:
Whether a particular asset is included in the probate estate depends on its ownership and beneficiary arrangements. Families should confirm how each asset passes instead of assuming that everything listed in a will or appearing to be owned by the decedent is part of the probate estate.
Arkansas law requires families to wait at least 45 days after the person's death before filing a small estate affidavit. The affidavit is filed with the probate clerk of the circuit court in the county where the deceased person resided.
If the person lived outside Arkansas but owned property in the state, determining the correct county and procedure may require additional analysis.
The waiting period does not necessarily mean families should ignore the estate for 45 days. During that time, it may be necessary to secure real estate, maintain insurance, protect vehicles and personal property, locate estate planning documents, identify financial accounts, and gather information about any outstanding debts or liabilities.
The affidavit is generally filed by one or more distributees, meaning individuals legally entitled to receive property from the estate. That right may arise under a valid will or, when there is no will, under Arkansas intestacy law.
Before filing, those signing the affidavit should confirm:
The identity of the distributees can become complicated in blended families, second marriages, estranged family relationships, or situations involving deceased descendants. Families should proceed carefully. A mistaken assumption about who inherits can lead to improper transfers and subsequent disputes.
Yes, a qualifying small estate may include real property, but real estate often makes the process more complicated.
If the deceased person owned a home, farmland, rental property, or other land in his or her individual name, the family should first review the deed. Property owned with survivorship rights, held in a trust, or covered by a valid beneficiary deed may pass outside probate. Solely owned property may need to be addressed through probate or the small estate procedure.
When real estate is included, Arkansas law may require additional notice and publication steps. The recorded title, legal description, mortgages, tax status, liens, and rights of other heirs should also be reviewed.
Filing an affidavit does not automatically resolve every title issue. A title company may request certified documents or additional proof before insuring a later sale. Old deeds, incomplete prior estates, incorrect legal descriptions, and undocumented family arrangements can delay a closing even when the estate falls below the statutory value limit.
After filing, certified copies of the affidavit may be presented to a person or institution holding estate property. Depending on the asset, that may include a bank, financial institution, vehicle agency, or other custodian.
The filer may then collect and distribute property according to the will or Arkansas inheritance law, subject to the applicable requirements and the estate's obligations.
The filer should keep organized records of:
A simplified process does not eliminate the need for careful administration.
Using a small estate affidavit does not make valid debts disappear. Before distributing property, families should identify known obligations such as:
Distributing assets too quickly can create problems if valid expenses or claims remain unpaid. The person handling the estate should avoid promising property to family members or spending estate funds before understanding the estate's obligations.
An estate may fall below the $100,000 limit and still be a poor fit for the simplified procedure. Formal probate may be necessary or more appropriate when:
A court-appointed personal representative can provide a clearer structure for gathering assets, resolving claims, managing property, and completing distributions when the estate is not truly simple.
Families frequently create avoidable problems by moving too quickly or relying on assumptions. Common mistakes include:
Correcting an inaccurate affidavit or improper distribution can cost more than addressing the issue properly at the beginning.
It can avoid a full probate administration for a qualifying estate, but it is still a formal procedure involving a filing with the probate clerk. Additional requirements may apply depending on the assets involved.
Arkansas law generally applies a $100,000 limit to the value of the decedent's property, less encumbrances and excluding certain statutory allowances. Identifying which assets are included and how encumbrances apply may require legal review.
Potentially. The existence of a will does not automatically prevent use of the procedure. The will and the affidavit must be handled according to Arkansas law, and the estate must otherwise qualify.
The legal requirements depend on the circumstances, but disagreement among heirs is a warning that the simplified procedure may not provide enough structure. A dispute about ownership, inheritance, or distribution should be addressed before property changes hands.
It may be possible in a qualifying case, but the deed, title history, statutory procedure, creditor issues, and documentation required by the title company should be reviewed before a contract is signed.
The Arkansas small estate procedure can save time and expense when an estate genuinely qualifies. It can also create future problems if the filer overlooks an heir, debt, title issue, or required step.
RMP Law assists families, heirs, beneficiaries, and fiduciaries with estate administration and probate matters throughout Arkansas, including Little Rock, Bentonville, Springdale, Fayetteville, Jonesboro, and surrounding communities.
If you need help determining whether a small estate affidavit or formal probate is appropriate, contact RMP Law at 479-443-2705 or use our Message Us form.
Main RMP Number: 479-443-2705
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
DISCLAIMER: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.
Main Line: 479.443.2705
Fax Line: 479.443.2718
Email: info@rmp.law
Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000
JOHNSON
5519 Hackett Street, Suite 300
Springdale, AR 72762
BENTONVILLE
809 SW A Street, Suite 105
Bentonville, AR 72712
JONESBORO
710 Windover Road, Suite B
Jonesboro, AR 72401
LITTLE ROCK
17901 Chenal Parkway, Suite 200
Little Rock, AR 72223