Why Having a Trust in Place Can Save Your Arkansas Family From Probate — and From Each Other

Most families don’t fall apart because of money.

They fall apart because of uncertainty, emotions, and unclear expectations after someone passes away.

That’s something we see far too often in estate planning. A loved one works a lifetime to build something meaningful — only for that legacy to become a source of tension, resentment, or even long-lasting family division.

One of the most effective tools for preventing this is also one of the most misunderstood: a properly structured trust.

Probate in Arkansas: The Reality Most Families Don’t Think About

In Arkansas, probate is the court-supervised process that settles someone’s estate after they die — paying debts, validating wills, and distributing what’s left to heirs. Probate law in Arkansas requires that a deceased person’s assets be identified, debts addressed, and remaining property legally transferred to beneficiaries. The court oversees all of this, sometimes for months or longer. 

Probate can be:

• Slow — often taking six months to a year or more, depending on complexity. 

• Expensive — court costs and legal fees add up quickly, sometimes costing thousands of dollars. 

• Public and Emotional — estate details become part of public record, and disagreements among heirs may play out in open court. 

And when there is no clear instruction — or worse, no directive at all on important assets — conflict can follow.

What Happened with Prince — A Reminder That It Can Happen to Anyone

Even the most successful people can overlook proper estate planning. When Prince died in 2016 without a will or trust, it triggered a long, publicly visible estate process in Minnesota — much like probate here in Arkansas. Because he left no legal estate plan, his multi-million-dollar estate entered probate, and it took years of legal proceedings before it was fully settled. 

Here are some key takeaways from that case that resonate for families everywhere:

• Probate dragged on for years, delaying final distribution to heirs. 

• Legal costs and administration expenses mounted. 

• Beneficiaries were left in a prolonged state of uncertainty — emotionally and financially. 

If this can happen to Prince — someone with tremendous resources and influence — it can happen to any family who doesn’t plan ahead.

How a Trust Bypasses Probate in Arkansas

One of the most powerful tools to avoid probate in Arkansas is a living trust — most commonly a revocable living trust.

With a properly funded trust:

• You transfer ownership of assets into the trust while you’re alive.

• Upon death, those assets pass directly to beneficiaries without court involvement. 

• The distribution process stays private and efficient, not public and drawn out. 

In Arkansas, trusts are widely recognized and used to help families bypass probate entirely — as long as assets are correctly titled to the trust. 

Other probate-avoidance tools recognized under Arkansas law include:

• Beneficiary designations on bank accounts and retirement plans. 

• Payable-on-death (POD) and transfer-on-death (TOD) accounts and deeds. 

• Joint ownership with rights of survivorship. 

• A Small Estate Affidavit for estates under certain thresholds, which can simplify or avoid probate for modest estates. 

But of all these, a trust provides the most control and clarity — especially for complex families or significant assets.

Clear Instructions Prevent Family Conflict

Many families assume loved ones will “work it out.” But grief and stress can amplify disagreements. Without clear legal instructions, estate assets must go through probate, and Arkansas intestacy laws will dictate who gets what and in what order if a trust or will isn’t in place. 

A trust allows you to clearly answer the questions that often cause conflict:

• Who gets what — and when?

• Should distributions be equal or structured for specific needs?

• What happens if a beneficiary isn’t financially responsible?

When these decisions are spelled out clearly, there’s far less room for misunderstanding — and far less reason for conflict.

Trusts Protect Relationships — Not Just Assets

One of the most overlooked benefits of a trust is how it removes the burden of decision-making from family members during vulnerable times.

Without a trust in Arkansas:

• A personal representative appointed by the court must manage the probate process. 

• Family members bear the emotional and administrative load.

• Roles — like executor or administrator — can inadvertently create tension.

With a trust:

• A trustee you choose follows your instructions.

• Decisions aren’t personal — they’re legal obligations.

• Family relationships stay rooted in care, not control.

In short, the trust becomes the “bad guy,” not your loved ones.