Detailed Answer
In Arkansas, the court follows a strict priority list when appointing a personal representative (also called an administrator or executor) under Ark. Code Ann. § 28-42-201. The order generally is:
- Surviving spouse
- Adult children of the decedent
- Grandchildren
- Parents
- Siblings
- Grandparents
- Next of kin
- Creditors
A mother-in-law is not included in this statutory priority unless the decedent’s will specifically names her as personal representative. If there is a valid will that nominates you, the court usually honors that nomination (Ark. Code Ann. § 28-42-201). Without a nomination, you must wait until all entitled heirs either decline or waive their right in writing. If every higher-priority person signs a waiver, the court can appoint you.
How to Open an Estate in Arkansas
- File a Petition: Submit a petition for letters of administration (no will) or letters testamentary (with will) in the probate division of the circuit court where the decedent lived.
- Provide Documents: Attach the original will (if any), a certified death certificate, and any waivers from higher-priority heirs.
- Post Bond: Unless the will waives bond, the court will set a bond amount under Ark. Code Ann. § 28-44-301.
- Publish Notice: Publish notice to creditors in a local newspaper and file proof of publication.
- Inventory and Distribute: As personal representative, inventory assets, pay debts and taxes, and distribute the remaining estate according to the will or statute.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney to discuss the specifics of your situation.
Helpful Hints
- Review the will early to see if it nominates a personal representative.
- Obtain written waivers from higher-priority heirs if you are not nominated.
- Keep track of deadlines for filing notice to creditors.
- Consult the local probate clerk for filing requirements and fees.
- Consider hiring a probate attorney if the estate is complex or contested.