How to Distribute Wrongful Death Proceeds in Arkansas
This article provides a detailed overview of distributing wrongful death proceeds under Arkansas law. This is not legal advice. For guidance on your specific situation, consult a licensed attorney.
Detailed Answer
Under Arkansas law, wrongful death actions arise when someone’s negligence or wrongful act causes a person’s death. The personal representative files suit for the exclusive benefit of certain beneficiaries. Arkansas Code Ann. § 16-62-102 outlines eligible beneficiaries: the surviving spouse, children, and distributees of the deceased (Ark. Code Ann. § 16-62-102).
Arkansas uses intestate succession rules to allocate wrongful death proceeds. If the decedent left no valid will, the distribution follows the order and shares specified in Ark. Code Ann. § 28-9-212 (Ark. Code Ann. § 28-9-212).
- Identify Eligible Beneficiaries: The surviving spouse, children (including adopted), and, if none, the parents or next of kin.
- Determine the Applicable Succession Scenario:
- No surviving spouse or descendants → proceeds go to parents equally.
- Surviving spouse only → spouse receives entire proceeds.
- Spouse and descendants of spouse → spouse receives entire proceeds.
- Spouse and any descendants not of spouse → spouse receives half; descendants split the other half per stirpes.
- Descendants only → split per stirpes.
- Calculate Shares: For example, if a decedent is survived by a spouse and two children, the spouse gets 50% and each child gets 25%. If there is no spouse and three children, each child gets one-third.
- Obtain Court Approval: The personal representative petitions probate court for approval of the proposed distribution. The court issues an order confirming payment to each heir.
- Disburse Funds: After court order, the representative writes checks or transfers funds to each heir in their determined share.
Hypothetical Example: Jane Doe dies in a car accident leaving a spouse and one child. Under Arkansas Code Ann. § 28-9-212(c), the spouse receives half of the wrongful death proceeds and the child receives the other half.
Helpful Hints
- Gather vital records (death certificate, marriage license).
- Confirm family relationships with birth and adoption records.
- Maintain a clear family tree to trace heirs.
- Check for any valid will that may alter distribution.
- Work with a professional administrator or attorney.
- File an accurate petition with the local probate court.
- Keep detailed records of all distributions.