Mechanic’s liens, sometimes referred to as materialmen’s liens, are legal instruments that encumber title to real property to secure payment from the property owner for the balance owed on an enforceable contract for constructions on or improvements to the property. Arkansas law stipulates that mechanic’s liens have priority over all other encumbrances (except a prior encumbrance given for construction or repair of the improvement) that attach to the real estate (Ark. Code Sec. 18-44-110).
Arkansas Probate and Inheriting Real Property
Probate is the court process of estate administration by which property is devised by will or distributed through laws of intestacy to the decedent’s rightful heirs. The estate administration process varies from case to case, depending on such factors as the way the decedent held title to property and whether he left a will. When a property owner dies in Arkansas, any real estate not held in a survivorship tenancy, trust, or included in a beneficiary deed is subject to the probate process.
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