How Does Intestate Succession Work in Arkansas (AR) When No Will Exists and the Decedent Died with No Spouse and Three Children? | Arkansas Probate | FastCounsel
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How Does Intestate Succession Work in Arkansas (AR) When No Will Exists and the Decedent Died with No Spouse and Three Children?

Detailed Answer: Arkansas Intestate Succession Without a Spouse and With Three Children

When someone dies intestate (without a will) in Arkansas and leaves no surviving spouse but three children, Arkansas law controls how the estate is distributed. Under Arkansas Code § 28-41-104, the decedent’s entire intestate estate passes in equal shares per capita to their descendants. In this scenario, each of the three children inherits one-third of the estate.

This distribution covers all types of assets—real property, bank accounts, investments, personal items—unless another valid document directs otherwise.

Key Steps in the Process

  1. Appointment of a Personal Representative: The probate court appoints an administrator to manage the estate (Ark. Code Ann. § 28-41-101).
  2. Inventory and Notice: The administrator compiles a full inventory of assets and notifies potential creditors.
  3. Payment of Debts and Expenses: Valid debts, funeral costs, and administrative expenses are paid from the estate.
  4. Distribution to Children: After settling debts, the remaining assets go to the three children in equal shares per capita as required by Ark. Code Ann. § 28-41-104.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.

Helpful Hints

  • Confirm All Heirs: Verify the legal status and identity of all children to prevent disputes.
  • Gather Documentation: Collect the death certificate, asset statements, and any beneficiary designations.
  • Consult Probate Rules: Arkansas law sets deadlines for creditor claims and probate filings—missing a deadline may affect distribution.
  • Seek Professional Help: Even straightforward intestacies can benefit from an attorney or qualified probate specialist.
  • Consider Mediation: If family disputes arise, mediation often resolves issues faster and more cheaply than litigation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.