How to Claim Your Share When a Parent Dies Intestate in Arkansas

Quick answer: If your mother died without a will in Arkansas (intestate), the estate passes under Arkansas intestacy law to her closest relatives. To claim your share you generally must identify the heirs, open probate (or use a small‑estate procedure if eligible), get an administrator appointed, gather and value assets, pay debts and taxes, and then ask the court or administrator to distribute the remaining assets. This article explains those steps and points you to the relevant Arkansas law and resources.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Arkansas attorney or your local probate court.

How Arkansas Intestacy (Dying Without a Will) Works

When someone dies without a valid will, Arkansas law determines who inherits. Arkansas’s intestacy rules list the order of heirs (spouse, children, parents, siblings, etc.). Which relatives inherit and how much each receives depends on who survives the decedent.

See the Arkansas statutes governing intestate succession for the full rules: Arkansas Code, Title 28 (Estates, Trusts and Protective Proceedings), Chapter 9 (Intestate Succession). You can start at the Arkansas General Assembly code site: https://www.arkleg.state.ar.us/.

Basic patterns you should know

If your mother is survived only by her children and no spouse, her children typically split the estate equally.
If a surviving spouse exists along with children, the spouse often receives a share and the children receive the remainder; the exact split depends on whether the children are also children of the surviving spouse.
If no spouse and no children, parents or siblings may inherit.

Because distribution can turn on family details (adoptions, predeceased children leaving descendants, blended families, etc.), check the relevant Arkansas intestacy provisions or talk to a probate attorney.

Confirm there is no valid will. Check with the family, banks, your mother’s lawyer, and the county probate office. If a will exists, the process follows the will’s terms.
Obtain multiple certified copies of the death certificate. You will need these to deal with banks, title companies, and government agencies.
Identify and secure assets. Make a list of bank accounts, real estate, vehicles, retirement accounts, life insurance, and personal property. Secure homes and valuables so nothing is lost or taken improperly.
Determine whether probate is required. Many estates require probate to transfer title to real estate or to access accounts. Arkansas also offers simplified or small‑estate procedures for lower‑value estates or certain types of assets; check the local court rules or ask an attorney about options.
Open probate / ask the court to appoint an administrator. You (or another heir) will file a petition in the probate court in the county where your mother lived to be appointed administrator (sometimes called personal representative). The court will accept nominations from heirs and appoint someone to manage the estate.
Give legal notice to creditors and publish notices if required. The administrator must notify known creditors and may need to publish notice so unknown creditors can make claims. The estate pays valid debts and funeral expenses from estate assets.
Inventory, value, and manage estate assets. The administrator collects assets, inventories them, and obtains valuations when necessary (appraisals for real estate or valuable personal property).
Pay taxes and debts. The administrator files the decedent’s final income tax returns and pays estate expenses and valid creditor claims from estate funds.
Prepare a proposed distribution and seek court approval (or distribute if permitted). After debts and expenses are paid, the administrator asks the probate court to approve distributions to heirs according to Arkansas intestacy law. Once approved, the administrator transfers property or money to heirs.
If you disagree with the administrator or another heir, act quickly. If you believe the administrator is acting improperly or distributions are wrong, you may file objections with the probate court or petition the court for relief. Deadlines apply to contest actions and creditor claims.

Documents and information you’ll likely need

Original death certificate (multiple certified copies)
Identification for heirs (driver’s license, passport)
Account statements and deeds
Title documents for vehicles
Records of any debts or bills
Information about life insurance or retirement accounts
Contact information for relatives and any known creditors

Short hypothetical to illustrate

Say your mother lived in Pulaski County and died without a will. She is survived by you and one sibling and no spouse. You find $60,000 in bank accounts, a home titled only in your mother’s name, and some personal items. An heir (you or your sibling) files a petition with the Pulaski County probate court to be appointed administrator. The court appoints an administrator, who inventories assets, pays funeral expenses and any verified debts, and then seeks the court’s approval to distribute the remainder equally to you and your sibling under Arkansas intestacy rules. After the court approves the distribution, the administrator transfers the bank funds and arranges transfer of the house title or sale proceeds, depending on the estate plan and creditors’ claims.

Key Arkansas statutes and resources

Start here for the statutory rules on who inherits and the probate process:

Arkansas Code, Title 28 (Estates, Trusts and Protective Proceedings) — Arkansas General Assembly: https://www.arkleg.state.ar.us/
Contact your county probate court or the Arkansas Court System for local forms and procedures: https://www.arcourts.gov/

Note: Specific section numbers for intestate succession appear in Chapter 9 of Title 28. Use the Arkansas General Assembly site above to look up the exact sections that govern who inherits and how intestate estates are administered.

Helpful Hints

Act promptly. Probate and creditor notice deadlines run on court schedules.
Keep careful records. Save receipts for estate expenses and copies of all filings with the court.
Don’t transfer property informally. Transfers done without court approval or proper authority can cause later disputes or liability for the person who moved assets.
Ask the bank about payable‑on‑death (POD) or transfer‑on‑death (TOD) designations. Those can allow a direct transfer outside probate.
Life insurance and retirement accounts with named beneficiaries usually bypass probate and go directly to the named beneficiary.
Consider a consultation with an Arkansas probate attorney if the estate has real estate, business interests, or family disputes. Many attorneys offer a brief initial consult to explain options and costs.
If the estate seems small, ask the probate clerk whether a simplified or small‑estate procedure exists in your county.

Next practical steps for you today

Obtain the death certificate and confirm there is no will.
Make a simple inventory of known assets and debts.
Call your county probate court to learn filing requirements and whether a small‑estate option applies.
If you need help, schedule a brief consult with an Arkansas probate attorney. If you cannot afford one, ask the court or local legal aid office about free or low‑cost help.

If you want, tell me the county where your mother lived and a short list of what she owned (house, bank accounts, life insurance, etc.), and I can outline the likely next procedural steps for that county and point to local probate contact info.