Disclaimer: This article is educational only and not legal advice. For advice about a specific estate or to challenge or seek appointment, consult a licensed Arkansas attorney.

Detailed answer: How Arkansas courts decide who should serve as an estate administrator

When a person dies without naming an executor (for example, no valid will exists) or when an appointed executor cannot serve, an Arkansas probate court will appoint an administrator (also called a personal representative) to manage the estate. The court’s goal is to appoint a person who will protect the estate’s assets, honor creditors’ rights, and fairly distribute property to heirs.

Below are the main factors a court commonly considers under Arkansas law and practice. Many of these follow statutory priorities and ordinary probate rules; see Arkansas statutes governing wills and administration (Title 28) for the formal law: Arkansas Code – Title 28 (Probate & Estates).

1. Statutory priority and the order of preference

Arkansas law establishes preferred persons who normally have priority to serve. Typical priority order in many states (and followed in Arkansas courts) gives preference to:

• Any person named in a valid will as executor (if a will exists and the person is able and willing).
• The surviving spouse (especially when they are the decedent’s closest family member).
• Adult children or next of kin in order of degree of kinship.
• Other relatives, creditors, or a public administrator when no family or willing qualified person exists.

The court will normally follow this statutory order unless there is a strong reason to appoint someone else.

2. Ability and willingness to serve

The court asks whether the proposed administrator is willing to accept the duties and whether that person can devote time to complete the job. Administering an estate involves locating assets, notifying creditors, filing inventories and accountings, paying taxes and debts, and distributing assets. If a nominee is unavailable, incapacitated, or unwilling, the court will appoint another qualified person.

3. Competence, honesty, and fitness

Courts favor appointees who appear competent, honest, and likely to follow fiduciary duties. Indicators the court reviews include:

• Age and mental capacity (must be an adult and mentally able to handle responsibilities).
• History of responsible financial behavior (serious financial misconduct can count against a nominee).
• Any prior misconduct that suggests a conflict of interest or risk to estate assets.

4. Conflicts of interest

The court examines whether the nominee has conflicts that could harm the estate or beneficiaries. Examples include a nominee who is also a major creditor of the estate, who stands to benefit from transactions that the estate must approve, or who has previously mismanaged assets. When conflicts exist, the court may:

• refuse appointment;
• require a bond or additional supervision; or
• appoint a neutral third party (such as a bank trust officer or a public administrator).

5. Residency and qualification requirements

Some jurisdictions prefer or require a resident personal representative or require a resident agent if a nonresident serves. The court will review local rules or statutory requirements about residency, out-of-state nominees, and whether a corporate fiduciary is acceptable. See the Arkansas statutes on probate administration (Title 28) for any residency rules and local circuit court practices at the county level.

6. Criminal history and legal disabilities

Court will consider whether the nominee has a criminal record or other legal disqualifications that make them unsuitable. Felony convictions involving dishonesty, fraud, or breaches of trust are particularly relevant and may disqualify a person from serving.

7. Bond and security

The court often requires the administrator to post a bond that protects estate creditors and beneficiaries against mismanagement. The amount and need for a bond depend on the estate’s size, assets, and the level of trust in the appointee. The court can adjust or waive bond when the will authorizes it or when beneficiaries agree.

8. Family harmony and likelihood of disputes

If appointing a particular person will cause serious family conflict or litigation (for example, where beneficiaries object strongly), the court may select a neutral administrator to limit disputes and reduce costs to the estate. The court also considers whether an appointee can work cooperatively with other beneficiaries and professionals.

9. Timeliness and the estate’s needs

The court considers how quickly the estate needs someone to act. If urgent actions are necessary (to secure assets, keep a business running, or preserve perishable property), the court may appoint a temporary administrator or grant expedited authority to someone ready to act immediately.

10. Creditors’ and public interest

Court balances interests of creditors, beneficiaries, and the public. If the estate has complex debts, tax issues, or public implications, the court may prefer a corporate fiduciary or experienced administrator to reduce risk and ensure proper administration.

How to influence the appointment process

To increase the chance that a preferred person becomes administrator:

• Name an executor in a valid will. A properly named executor will typically be appointed unless disqualified or unwilling.
• Ensure nominees are willing, able, and prepared to post any required bond.
• Disclose potential conflicts or criminal history up front so the court can evaluate and allow time to propose alternatives (such as a professional fiduciary or co-administrator).
• If you object to a proposed administrator, file a timely objection with the probate court and state your reasons so the court can weigh competing interests.

Where to find the Arkansas statutes and local rules

Arkansas statutes governing wills, intestacy, and administration are in Title 28 of the Arkansas Code. The Arkansas General Assembly’s website provides the statutes and session laws: https://www.arkleg.state.ar.us/. For county-specific probate practices and forms, visit the Arkansas judiciary site or the circuit court clerk’s office for the county where the decedent lived:

• Arkansas General Assembly (statutes and code search): https://www.arkleg.state.ar.us/
• Arkansas Judiciary information and court contacts: https://www.arcourts.gov/

Helpful hints

• Prepare a will and name an executor if you want control over who administers your estate—this greatly reduces court discretion.
• If you are nominated as an administrator, confirm you are willing to act, understand duties, and can obtain any required bond.
• If you disagree with a proposed appointment, raise timely objections in writing to the probate court and explain the reasons (conflict, incompetence, criminal history, etc.).
• Expect the court to require records: inventories, notices to creditors, tax filings, and accountings. Good recordkeeping helps avoid removal or surcharge claims.
• When estates are complex or family relationships are strained, consider suggesting a neutral professional fiduciary to reduce conflict and the risk of later challenges.
• Consult a probate attorney early. An attorney can explain local practice, file the necessary petitions, and advise whether to seek appointment or object to a nominee.