Should you open probate in Arkansas when a loved one died in another state?

Short answer: Under Arkansas law, the primary question is where the decedent was domiciled (their permanent legal home) at the time of death. If the decedent was domiciled in Arkansas, you generally open probate here. If they were domiciled in another state, that state normally handles the primary probate and Arkansas handles any Arkansas assets through an ancillary or auxiliary probate. This article explains the rules, practical steps, and when to consult a lawyer.

Detailed answer — How Arkansas law handles jurisdiction for probate

Probate jurisdiction hinges on domicile, not where the person died or where they owned some property. A person’s domicile is the place they treated as their permanent home and where they intended to return. Arkansas courts will act as the primary probate forum only if the decedent’s domicile at death was in Arkansas.

If the decedent was domiciled in another state at death (for example, they had moved to North Carolina and consider that their permanent home), the other state’s probate court has the principal authority to open the estate. Arkansas courts will not typically open a full probate for an out‑of‑state domiciliary unless there are Arkansas assets that need administration here.

If the decedent owned property located in Arkansas (real estate, bank accounts, vehicles titled in Arkansas, or tangible personal property here), you will likely need an ancillary probate in Arkansas to clear title or distribute those assets under Arkansas procedures. Ancillary probate is limited to administering the assets within Arkansas; it does not replace the primary administration in the decedent’s domicile.

Arkansas courts will recognize letters testamentary or letters of administration issued by the decedent’s domiciliary court in most cases, but the out‑of‑state representative usually must qualify as a foreign personal representative (sometimes by filing certified letters and an application) before taking action in Arkansas.

Authoritative state resources: Arkansas law governing probate and fiduciaries is codified in Title 28 of the Arkansas Code (Probate and Fiduciaries). The Arkansas Legislature and judiciary websites provide official information:

• Arkansas Code (Arkansas Legislature) — see Title 28 (Probate and Fiduciaries)
• Arkansas Judiciary (general probate court information)

Common situations and what to do

1) Decedent died physically in another state but was domiciled in Arkansas

Open probate in Arkansas. The Arkansas probate court is the primary forum. File the will (if any) and a petition for probate in the county where the decedent was domiciled.

2) Decedent died in Arkansas but their permanent home (domicile) was another state

The other state will usually be the proper place for primary probate. If the estate holds Arkansas assets, you will need an ancillary probate in Arkansas to deal with assets located here.

3) Decedent lived in another state but owned Arkansas property

Open ancillary probate in Arkansas to clear title or distribute Arkansas assets. The ancillary proceeding is narrower and follows Arkansas procedures for transferring property located here.

4) Small estate or simplified procedures

Arkansas may offer simplified or small‑estate processes for modest estates. Whether you qualify depends on the type and value of the assets and whether those assets are held solely in the decedent’s name. Check Arkansas court rules and statutes and consider local clerk guidance.

Practical steps to decide and act

1. Confirm the decedent’s domicile at death: where they intended to live, where they voted, had a driver’s license, paid state income tax, and where they maintained a principal home.
2. Locate the original will (if any) and multiple certified copies of the death certificate.
3. Inventory assets and note which are located or titled in Arkansas versus another state.
4. If the decedent was domiciled in Arkansas: file for probate in the appropriate Arkansas county probate court.
5. If domiciled elsewhere but with Arkansas assets: contact an Arkansas attorney experienced in ancillary probate to open the limited Arkansas proceeding and to coordinate with the primary probate in the other state.
6. If assets are small: ask an Arkansas probate clerk whether a small‑estate affidavit or simplified procedure applies.
7. Keep careful records and preserve originals or certified copies of foreign probate letters if the other state opens the primary estate.

Why hiring an attorney who understands multi‑state probate matters helps

Multi‑state probate involves coordination of laws, court filings, and creditor notices in different states. An Arkansas probate attorney can:

• Confirm whether Arkansas is the proper forum for primary or only ancillary probate;
• Prepare petitions and paperwork required by Arkansas courts;
• Coordinate with counsel or the personal representative in the decedent’s domiciliary state;
• Handle Arkansas‑specific title transfers (real estate and vehicles) and creditor notice requirements.

Helpful Hints

• Start by determining domicile — it usually controls where the primary probate opens.
• If property sits in more than one state, expect at least one ancillary proceeding in the state(s) where the property is located.
• Bring the original will if you have one; courts generally require the original testamentary document.
• Order several certified death certificates early — many agencies and institutions require them.
• Ask the probate clerk about small‑estate procedures before filing a full probate petition.
• Expect timing and fees to differ across states — ancillary administration can add time and cost.
• If the estate includes titled real property in Arkansas, you will likely need an Arkansas filing to clear title even if another state handles the main estate.
• Keep copies of all filings in all states and certified letters from each court to use in the other state’s filings.

When to get legal help right away

• If you cannot agree who should be personal representative/executor.
• If the estate holds real estate or business interests in Arkansas.
• If creditors or tax issues appear complex.
• If you expect litigation over the will, capacity, or fraud.

Even when you believe the primary probate belongs in another state, an Arkansas attorney can advise whether filing an ancillary probate here will save time and protect Arkansas assets.

Disclaimer: This article explains general Arkansas probate concepts to help you understand where to begin. It is not legal advice. Laws change and every situation is different. Consult a licensed Arkansas attorney for specific legal guidance.