Step-by-Step Process for Obtaining Letters of Administration in Arkansas

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When someone dies without a valid will in Arkansas, the court issues letters of administration appointing a personal representative to manage and distribute the estate. Under Ark. Code Ann. § 28-21-101 et seq., any qualified heir can petition the probate court in the decedent’s county of domicile. Below are the key steps and statutory references:

1. Determine Eligibility

Arkansas law (Ark. Code Ann. § 28-21-102) prioritizes spouses and next of kin. If multiple parties qualify, the court will decide based on closeness of kinship and willingness to serve.

2. Prepare the Petition

File a Petition for Letters of Administration (AOC-PR-100) with the clerk of the county probate court. Include:

Decedent’s certified death certificate
List of all heirs and their addresses
Estimated value of assets
Proposed bond amount (if required under Ark. Code Ann. § 28-21-107)

3. File Required AOC Forms

Arkansas Probate Court uses standardized AOC forms. Commonly required documents include:

4. Serve Notice to Heirs and Creditors

Ark. Code Ann. § 28-21-111 requires notice to known heirs and publication for unknown creditors. File proof of service or affidavit of publication with the court.

5. Court Hearing and Issuance

The probate judge reviews the petition, bond, and notices. Upon approval, the clerk issues letters of administration, granting authority to collect assets, pay debts, and distribute property according to Ark. Code Ann. § 28-20-101.

6. Post-Appointment Duties

Within 90 days, file an inventory (AOC-PR-105) listing all estate assets. Provide status reports and final accounting before closing the estate under Ark. Code Ann. § 28-21-120.

Helpful Hints

Consult the county probate clerk early to confirm local filing fees and deadlines.
Gather certified death certificates from the funeral home or vital records office.
Keep organized records of all notices, bond receipts, and court filings.
Review Ark. Code Ann. § 28-20-101 through § 28-21-128 for detailed probate procedures.
Consider hiring a probate attorney if the estate has complex assets, disputes, or significant debts.