Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies intestate in Arkansas, the court appoints an administrator to manage the estate. The administrator must locate and verify heirs before distributing assets. Arkansas law sets specific steps for this process.
1. Gather Known Information: Begin with any available documents—obituaries, family letters, tax records, and photographs. Check personal files for clues about next of kin.
2. Search Public Records: Use county court and property records, marriage and divorce filings, and state vital records. Request death and birth certificates from the Arkansas Department of Health.
3. Publish Notices: Arkansas Code § 28-38-101 requires the administrator to publish a notice to unknown or missing heirs in a local newspaper of general circulation. See https://law.justia.com/codes/arkansas/2013/title-28/subtitle-2/chapter-38/section-28-38-101/.
4. Use Professional Resources: Consider hiring a probate genealogist, private investigator, or using online databases such as genealogy websites and social media.
5. Obtain Affidavits and Declarations: Gather sworn statements from potential relatives to confirm relationships. Submit these affidavits to the probate court along with your petition under Arkansas Code § 28-38-105 (publication and service requirements): https://law.justia.com/codes/arkansas/2013/title-28/subtitle-2/chapter-38/section-28-38-105/.
6. File an Heirship Determination: If you cannot locate all heirs, file an application with the probate court for a determination of heirs. The court can hold a hearing, take testimony, and enter an order naming and verifying heirs. See Arkansas Code § 28-9-201 for intestate succession rules: https://law.justia.com/codes/arkansas/2013/title-28/subtitle-1/chapter-9/section-28-9-201/.
Following these steps helps ensure you comply with Arkansas probate law and protect the estate from future disputes.
Helpful Hints
- Start early: Search records promptly to meet court deadlines.
- Keep detailed notes: Log all searches, publications, and communications.
- Use multiple sources: Combine government records, online tools, and professional services.
- Stay organized: File documents chronologically and label all affidavits clearly.
- Consult local rules: Each county’s probate court may have specific notice requirements.