Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Arkansas law, when someone dies without a will (intestate), the circuit court appoints an administrator to manage the estate. A potential heir may petition for this role by following the statutory process.
1. Determine Priority of Appointment
Arkansas Code Annotated § 28-43-101 establishes the order of priority for administrators. First in line is a surviving spouse if no child survives. If the decedent leaves one or more children, the children share priority equally. If no spouse or children exist, parents, siblings, and more distant relatives follow in order of kinship. See Ark. Code Ann. § 28-43-101.
2. File a Petition for Letters of Administration
The potential heir files a petition in the circuit court of the county where the decedent resided at death. The petition must include:
- The decedent’s name, date of death, and residence.
- A statement that no valid will exists.
- The names and addresses of all heirs and their relationship to the decedent.
- The petitioner’s qualifications and priority under Arkansas Code.
Arkansas Code Annotated § 28-43-102 governs the petition procedure. See Ark. Code Ann. § 28-43-102.
3. Serve Notice and Post Bond
Once the petition is filed, the court issues citations to all heirs and interested parties. The petitioner must post a bond to protect estate assets, with amounts set by rule. See Ark. Code Ann. § 28-44-205. Creditors and heirs generally have 30 days to file objections.
4. Judicial Appointment of the Administrator
If a higher-priority heir does not object or no one else petitions, the judge issues Letters of Administration. The petitioner takes an oath and receives official appointment. At this point, the administrator gains authority to collect assets, pay liabilities, and manage estate affairs.
5. Administer and Close the Estate
The administrator inventories assets, notifies creditors, and pays valid claims. They distribute remaining property under Arkansas’s intestate succession rules (Ark. Code Ann. § 28-41-101 et seq.). Finally, the administrator petitions the court for discharge and closing of the estate.
Helpful Hints
- Confirm your priority before filing to avoid delays.
- Gather the death certificate and proof of kinship (birth, marriage records).
- Use official probate forms from the local circuit clerk’s office.
- Serve notice properly—mistakes can extend timelines.
- Keep detailed records of all receipts, disbursements, and filings.