Can I become the personal representative of my sister's estate? (AR)

Detailed answer — How appointment works in Arkansas

When someone dies, a probate court appoints a personal representative to gather the decedent’s assets, pay debts and taxes, and distribute what remains to heirs or beneficiaries. Arkansas law sets the basic rules for who can be appointed and the process the court follows. See Arkansas statutes on decedents’ estates: Arkansas Code, Title 28 (Decedents’ Estates).

If the decedent left a will

If the will names a personal representative, the probate court will usually appoint that person unless the court finds a good reason not to (for example, that the person is unfit or unable to serve). If the will nominates someone other than you, you can object, but you must show a legal basis for disqualification. If the will names no representative or the named person cannot serve, the court appoints an appropriate person, often a close family member or other interested party.

If the decedent did not leave a will (intestate)

When there is no valid will, Arkansas law directs the probate court to appoint an “interested person” to act as administrator. The court favors certain priority classes of relatives (spouse, children, parents, siblings, etc.). A sister can be appointed as personal representative if she is an appropriate interested person and no higher-priority person objects or is available. In practice, a sister most commonly becomes personal representative when there is no spouse, no surviving children or parents, or when higher-priority heirs consent to her appointment.

Practical steps to become the personal representative

1. Locate the probate (circuit) court in the county where the decedent lived. Arkansas courts information: Arkansas Judiciary (arcourts.gov).
2. File a petition for appointment of personal representative (sometimes called a petition for administration). If there is a will, you file the original will with the petition.
3. Provide required documents (death certificate, identification, list of heirs or beneficiaries, and any required bond paperwork).
4. Notify heirs and creditors as the court requires. The court will set hearings or publish notices where needed.
5. If the court approves, it issues letters testamentary (with a will) or letters of administration (without a will). Those letters give you authority to act for the estate.

Common requirements and disqualifications

• The court looks for a qualified, competent person who will faithfully perform fiduciary duties.
• Many courts require a bond unless the will waives it or the court dispenses with it. A bond protects the estate from misconduct or mistakes.
• Certain people may be disqualified (for example, those convicted of certain felonies, persons shown to be incompetent, or those with an obvious conflict of interest). Specific disqualifying rules and priorities are set out in Arkansas probate statutes—see Arkansas Code, Title 28.

Key duties after appointment

Once appointed, a personal representative must:

• Take custody of estate assets and secure them;
• Identify and value assets; prepare an inventory;
• Notify and pay valid creditors and file any required tax returns;
• Follow the will’s directions or Arkansas intestacy rules to distribute assets;
• Keep records and file accounts with the court when required; and
• Close the estate when administration is complete.

Example hypotheticals

Hypothetical A: Your sister died with a valid will naming you as executor. You will normally be appointed if you are willing and able to serve. You may need to post a bond unless the will waives it.

Hypothetical B: Your sister died without a will. She had no spouse or children. You are one of several siblings. You can petition to be appointed; if other siblings do not object or agree you are suitable, the court may appoint you.

Where to find the law: Arkansas statutes covering estates and probate procedures are in Title 28 of the Arkansas Code. For forms and county-specific procedures, contact the probate (circuit) court clerk in the county where the decedent lived or visit the Arkansas Judiciary site: https://www.arcourts.gov/.

Disclaimer: This article provides general information about Arkansas probate processes and is not legal advice. For help applying the law to your situation or for representation, consult a licensed Arkansas attorney.

Helpful Hints

• Start at the county probate (circuit) court where the decedent lived—court staff can explain filing procedures and provide local forms.
• Gather the decedent’s original will (if any), certified death certificate, lists of assets and known creditors, and a current list of relatives and their contact information before filing.
• If multiple family members want to serve, try to reach an agreement before filing—the court is more likely to appoint a consensual representative and avoid contested hearings.
• Ask whether the will waives bond; otherwise be ready to arrange a surety bond if required by the court.
• Keep careful records and receipts for every estate transaction; the court requires accounting and beneficiaries can request records.
• If you expect disputes, creditor claims, or complex tax issues, consult a probate attorney early to reduce delay and personal liability risk.
• If you are appointed, act promptly: securing assets and giving required notices protects the estate and improves the process for everyone.