Detailed Answer

Short answer: In Arkansas, a surviving spouse is normally the first person the probate court will consider for appointment as the estate’s personal representative (often called an administrator or executor for intestate estates). If the decedent died without a will (intestate) and other family members are uncooperative, you can still ask the county probate/circuit court to appoint you by filing a petition. The court will follow Arkansas’s probate laws and a statutory priority list to decide who should be appointed. This article explains the typical steps, what the court looks for, and what to do if the family resists.

How appointment works under Arkansas law

Arkansas handles probate matters through the circuit courts. State probate statutes set a priority for who may be appointed when someone dies intestate. In practice, the surviving spouse is usually entitled to appointment unless there is a competing person with a stronger statutory priority or the court finds good cause to deny appointment.

For the state’s written law on probate and appointment of personal representatives, see Arkansas Code Title 28 (Probate). You can review the statutory framework at the Arkansas General Assembly website: Ark. Code Title 28 — Probate. For general court contacts and procedures, the Arkansas Judiciary website is at arcourts.gov.

Step-by-step: How to seek appointment as administrator

Confirm venue and filing office. Probate administration is handled in the circuit court for the county where the decedent lived. Contact the circuit clerk or check the local court website for filing rules and forms.
Gather required documents. Typical items: certified death certificate, proof of your marriage to the decedent (marriage certificate), your photo ID, a list of known heirs and their addresses, and any information about the decedent’s assets and debts.
Prepare and file a petition for appointment. You (or an attorney) will file a petition (often called a Petition for Letters of Administration, or Petition to Appoint Personal Representative). The petition asks the court to appoint you as the personal representative of the decedent’s estate.
Serve notice to interested parties. Arkansas law requires notice to heirs and other interested parties. The court or clerk will tell you how notice must be given (personal service or certified mail) and what timelines apply.
Attend the hearing. The court will schedule a hearing. If no one objects and you meet the statutory priority and fitness requirements, the court typically signs an order appointing you and issues letters of administration (proof of your authority to act for the estate).
Handle contested appointments. If family members object, the court will decide the dispute at a hearing. Be prepared to explain why you are the appropriate person (relationship, availability, lack of conflicts, willingness to post bond if required).

What if family members refuse to cooperate?

Noncooperation by heirs or relatives is common but usually not decisive. The probate court’s role is to determine who should be appointed based on the statute and the best interests of the estate, not on whether certain relatives agree. If family members refuse to sign forms, give access to property, or comply with requests, you can:

Proceed with the petition and let the court rule. The court can require heirs to accept notices and may compel actions by order.
Ask the court for temporary or emergency letters if immediate action is needed (to protect property, pay bills, or secure assets). Many courts grant short-term authority while a full hearing is scheduled.
Use court processes to obtain necessary documents or access: subpoenas, court orders, or contempt sanctions can be available when someone disobeys a lawful court order.
Consider a contested hearing: if heirs object to your appointment, the court will hear evidence about who has priority and who is fit to serve.

Common problems and how courts typically resolve them

Below are common objections and how courts treat them:

Priority disputes: If someone else claims a higher priority under the intestacy rules, the court will follow the statutory hierarchy. The surviving spouse ordinarily ranks first in many intestate cases; however, the specific family structure (children from prior marriages, joint property, etc.) can affect distribution and appointment.
Concerns about fitness: The court may deny appointment if there is credible evidence the proposed administrator is unfit (criminal history involving dishonesty, incapacity, conflict of interest, or inability to perform duties). Courts prefer appointing a responsible person able to marshal and protect estate assets.
Disputes over assets: If family members hide assets or refuse to provide information, the personal representative (once appointed) can use court authority to demand accountings and records.

Practical paperwork and requirements

While county rules vary, expect to provide or complete:

Petition for letters of administration (signed and sworn)
Certified copy of the death certificate
Proof of marriage or spousal relationship
List and addresses of heirs or next of kin
Oath and possible bond (the court may require an estate bond to protect creditors and heirs; in some cases, that bond can be waived)
Inventory and appraisement of estate assets after appointment

When to hire a lawyer

Consider hiring a probate attorney if:

The estate is contested or family members actively resist.
The estate is large, complex, or includes business interests or real estate with title issues.
You need emergency court orders to protect assets.
You want help with required filings, notices, tax issues, or litigation (such as heir disputes or creditor claims).

Estimated timeline and costs

Uncontested appointments can be completed in a few weeks, depending on court schedules and notice periods. Contested matters may take months. Costs include filing fees, possible bond premiums, publication or notice fees, attorney fees if you retain counsel, and costs for appraisals or accountings.

Sample hypothetical to illustrate

Hypothetical: Jane, the surviving spouse, files a Petition for Letters of Administration in Pulaski County after her husband dies without a will. Jane provides a certified death certificate, their marriage certificate, and a list of heirs. The decedent’s sibling objects and claims priority. The court sets a hearing, hears evidence, and—finding Jane is the surviving spouse and fit to serve—appoints Jane and issues letters of administration. The sibling’s objections do not prevent Jane’s appointment, though the sibling may later challenge specific estate actions.

Where to learn more and find forms

Check the circuit court clerk in the county where the decedent lived for local forms and filing instructions. For statewide statutes, consult Arkansas Code Title 28: Arkansas Code — Title 28 (Probate). For court contact information and general guidance, visit the Arkansas Judiciary: arcourts.gov.

Disclaimer

This is general information about Arkansas probate procedure and is not legal advice. Laws change and every case is different. For advice about your situation, consult a licensed Arkansas attorney who practices probate law.

Helpful Hints

Collect key documents early: death certificate, marriage certificate, any deeds or titles, bank account information, insurance policies, and recent bills.
Contact the local circuit clerk’s office first to get the correct forms and filing requirements for the county where the decedent lived.
Keep clear records of communications with family members and any attempts to obtain cooperation—these can help in court.
If urgent access to property or funds is needed (to prevent loss or pay for funeral expenses), request temporary/emergency letters from the court.
Be prepared to post a bond if the court requires it; bonds protect the estate’s creditors and heirs against mismanagement.
If a dispute is likely, consider consulting a probate attorney early to evaluate your chances of appointment and to prepare for a contested hearing.
Use mediation or a neutral third party if family disputes are primarily about communication rather than legal priority—sometimes this saves time and money.
Remember that the court’s focus is on protecting the estate and following statutory priority; personal disagreements among family members do not automatically block a lawful appointment.