Detailed Answer — Step-by-step process under Arkansas law

1. Determine whether the home is held in the decedent’s estate or passes outside probate

First, identify how title to the house is held. If the house was in your parent’s name alone and there is a will or no will, it normally goes through probate and becomes part of the probate estate. If the house is owned jointly with right of survivorship, held in a trust, or payable on death/transferred via beneficiary deed, it may pass outside probate. Whether probate is required affects how creditor claims are handled and whether a court order is necessary to sell.

2. Appoint a personal representative (executor/administrator)

If probate is required, someone must be appointed by the probate court to manage the estate. That person (often called the executor if there is a will, or administrator if there is no will) is the party who gives legal notice to creditors, evaluates claims, and takes actions such as selling estate assets. If there is a will, the named executor can petition the probate court to be appointed. If no will exists, an interested family member usually petitions to be appointed administrator.

3. Give notice to creditors under Arkansas probate rules

Once appointed, the personal representative must notify known and unknown creditors according to state law. That typically includes:

• Sending written notice to known creditors identified from the decedent’s records (credit card companies, banks, mortgage holder, medical providers, etc.).
• Publishing a notice to unknown creditors in a newspaper of general circulation (publication requirements vary by county and type of proceeding).

These notices start the statutory claim period during which creditors must present their claims. The exact notice content, form, and statutory deadlines are set in Arkansas statute and local probate court rules. For details and the exact statutory provisions, consult the Arkansas Code and the probate court in the county where the decedent lived: https://www.arkleg.state.ar.us/ and the Arkansas courts website: https://www.arcourts.gov/.

4. Receive and evaluate claims

Creditors must present claims in the required manner and within the statutory deadlines. The personal representative reviews each claim and may:

• Allow the claim and schedule it for payment from estate assets.
• Disallow the claim in whole or part if it is invalid, late, or unsupported.

If a claim is disputed, the creditor can file suit against the estate. The personal representative should keep written records and respond timely to avoid personal liability for paying invalid claims.

5. Determine whether you need court approval to sell the house

In Arkansas, whether the personal representative can sell estate real property without a court order depends on the probate type and the authority granted by the will or state law. Some wills expressly authorize sale; otherwise an administrator may need court approval (a petition and order) to sell real estate, especially if the sale is not necessary for payment of debts or administration. If the home is subject to a mortgage or secured debt, a sale typically requires payoff of the mortgage or an agreement with the lender.

6. Clear liens and pay valid creditor claims from estate proceeds

Before closing a sale you must address encumbrances on the title:

• Mortgage and deed-of-trust: arrange payoff at closing; the lender’s lien will be released when the loan is paid from sale proceeds.
• Judgment liens, tax liens, or other recorded encumbrances: these must be paid or otherwise cleared. Sometimes a portion of sales proceeds is placed in escrow to satisfy disputed claims until the dispute is resolved.
• Unsecured creditors: typically paid from estate assets according to the priority rules in Arkansas law; if estate assets (including net sale proceeds) cover debts, the representative distributes funds after court approval and after allowed administrative expenses.

7. Use escrow and closing to pay creditors and transfer title

At closing, the title company or closing attorney pays off mortgages and other liens from sale proceeds and records the necessary releases. If the personal representative must pay certain creditor claims from the proceeds, those payments are usually handled at closing or per a court-approved distribution plan. If a creditor’s claim is disputed, funds may be escrowed until resolution or as a court directs.

8. File an accounting and close the estate

After debts are paid and assets distributed, the personal representative files a final accounting with the probate court and petitions to close the estate. The court will review distributions and, if everything is in order, discharge the personal representative.

Common timeline considerations

The timeline depends on whether probate is formal or informal and how quickly creditors file claims. Publication and statutory claim periods set minimum waiting periods. If there are no disputes and the mortgage payoff and title issues are straightforward, a sale can proceed faster. If there are contested claims, expect delays until disputes are resolved or funds are escrowed.

When an informal sale may be possible

If the home passes outside probate (for example, through joint tenancy, trust ownership, or transfer-on-death designation), you may be able to sell without probate. Even then, you must still pay any liens (mortgage, tax liens, judgments) before passing clear title. Confirm ownership documentation and the title company’s requirements before attempting a sale.

Practical checklist — documents and parties you will need

• Certified copy of the death certificate
• Original will, if any
• Identification for the personal representative
• Mortgage statement(s), loan account numbers, and lender contact info
• Recent property tax bills and tax ID
• Information on other known creditors and outstanding bills
• Probate court filing receipts and any court orders regarding sale or distribution
• Contact information for a probate lawyer and a title company or real estate closing attorney

Important statutory resources: For the exact statutory language governing probate and claims against estates, review the Arkansas statutes on the legislature’s website (Title 28 — Probate): https://www.arkleg.state.ar.us/ (search for “Arkansas Code Title 28 probate” or “claims against estate”). For procedural rules and local forms, check the Arkansas Judiciary site: https://www.arcourts.gov/.

Remember: This overview explains the common steps under Arkansas procedure but does not cover every possible variation. Small estates, homestead exemptions, surviving-spouse claims, tax issues, and creditor disputes can change the required steps.

Disclaimer: I am not a lawyer. This information is educational only and is not legal advice. Consult a licensed Arkansas probate attorney for advice specific to your situation.

Helpful Hints — Practical tips for a smoother sale

• Talk to a probate attorney early. A short consultation can clarify whether probate is required and whether court approval to sell is necessary.
• Order a full title search before marketing the house. That reveals mortgages, tax liens, judgment liens, and easements you must address.
• Collect and organize financial records (bills, bank accounts, loan statements). This speeds creditor notice and claim resolution.
• Communicate with the mortgage lender. If mortgage payments are late, lenders may insist on immediate payoff or a short sale approval.
• Consider an escrow holdback for disputed claims. If a creditor’s claim is uncertain, escrow can allow the sale to close while protecting both sides.
• Be mindful of taxes. Estate tax or final income tax issues can affect distributions. Consult a tax advisor when large estates or complex assets are involved.
• Keep detailed records. The personal representative can be held accountable for estate distributions; accurate records help in final accounting.
• Check local probate court procedures. Counties can have different form requirements and timelines.