Yes, not following a will can be a serious crime, particularly if the executor or personal representative acts with fraudulent intent, steals assets, or hides the document. While simple mismanagement might lead to civil lawsuits, deliberate violation of fiduciary duties, such as embezzlement or self-dealing, can result in criminal charges, removal by a court, and personal liability for damages.
If you choose not to file the will, there is a possibility you could be held liable for damages owed to any beneficiaries, heirs, and creditors who were due to benefit from the estate.
To make a valid will in Arkansas, the testator must be 18+, of sound mind, sign the will (or direct someone else to sign in their presence), and declare it's their will to at least two witnesses, who must also sign in the testator's presence; oral wills aren't valid, but handwritten (holographic) wills are allowed if entirely in the testator's handwriting and signed, but they generally require three witnesses to prove handwriting if contested.
Penalties for Failing to File a Will
An executor (or personal representative) has a fiduciary duty to the heirs of an estate. Failing to file a will with the court is not a criminal violation in most states. But the person could be sued by someone harmed by the inaction.
While there are no set deadlines or time limits, executors are generally expected to complete estate administration within 12 months from the date of death. This is often referred to as the “executor's year” and it usually allows all the time the executor will need to carry out their duties properly.
A will remains legally valid throughout the entire probate process, however long it takes. There is no expiration date on probating a will after someone passes away.
An executor can override a beneficiary when they are acting in accordance with state statutes, the terms of a will and the level of legal authority they've been granted by the court to administer an estate. This holds true even in instances where beneficiaries disagree with their decisions.
Tips on How to Deal with Greedy Family Members After Death
In Arkansas, the "7-year fence law" refers to a rule within adverse possession, allowing someone to claim land if they've had open, continuous, and hostile possession (often marked by a fence or cultivation) for seven years, plus they must have held "color of title" (a document appearing to grant ownership) and paid property taxes on the claimed land during that period. It's a supplement to common law requirements, adding tax payment and color of title to traditional elements like continuous, open possession for the statutory period.
A will becomes invalid if it's not properly executed (lacks signatures, witnesses, or follows state law), the maker lacked mental capacity or was under undue influence/fraud, or if it's revoked by a newer will, destruction, or major life changes like marriage or divorce (depending on state law). While a valid will doesn't expire, it can become outdated and ineffective if not updated for significant life events.
Tax-free lump sum payments (where the individual dies under 75) must be made within two years of the scheme administrator being notified of the death of the individual. Any lump sum payments made after the two-year period will be taxed at the recipient's marginal rate of income tax.
Apply to the court: As a last resort, beneficiaries can apply to the High Court to compel the Executor to act or even seek their removal if they're failing in their duties.
The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
To resolve family inheritance conflict, prioritize open communication, use a neutral mediator for structured talks, and seek legal advice to understand rights, focusing on preserving relationships over assets, and consider alternatives to costly court battles like arbitration if agreements can't be reached. Proactive estate planning, including clear communication of intentions before death, is the best prevention.
The first in line for inheritance, when someone dies without a will (intestate), is typically the surviving spouse, followed by the deceased's children; if none, then the deceased's parents, then siblings, and then more distant relatives like grandparents or aunts/uncles, as determined by state laws (intestate succession).
Beneficiaries can only be removed when there has been an exercise of power in good faith by a trustee, in accordance with the trust deed. Any attempt to remove beneficiaries for a purpose other than those specified in the trust deed may cause a fraudulent exercise of trustee power, making the removal void.
To this end, executors are prohibited from altering the deceased's will. When it comes time to distribute assets to named beneficiaries, they may not change, override or ignore the will. Executors of estates are also discouraged from distributing assets to beneficiaries before the estate has been appropriately taxed.
If reading a will aloud were a requirement, it's true the executor of the deceased person's estate would likely be the one responsible for doing it. However, since there is no requirement for the executor (or anyone for that matter) to read the will, there is no strict timeline by which an executor must read a will.