Detailed Answer
Short answer: To pursue a Camp Lejeune claim on behalf of a deceased spouse in Arkansas, you generally need to be appointed the estate’s personal representative (executor or administrator) by the appropriate Arkansas court. That appointment gives you the legal authority (often called “letters testamentary” or “letters of administration”) to pursue claims, gather assets, and resolve debts on behalf of the decedent’s estate.
Step-by-step process under Arkansas law
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Confirm the decedent’s domicile and locate the original will (if any).
If the deceased left a will, the person named as executor usually has priority to serve as personal representative. If no will exists, Arkansas law provides a priority list for who may be appointed administrator.
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Decide whether full probate is necessary or a small‑estate procedure will work.
Some small estates may settle without formal probate using an affidavit or other simplified transfer process. For many claims against third parties (including federal claims related to Camp Lejeune), however, the claimant or potential claimant will need court‑issued authority to act for the decedent’s estate.
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File a petition in the appropriate Arkansas court.
Probate matters in Arkansas are handled through the circuit court (the court that handles probate matters for the county). You will typically file a petition to probate the will and/or a petition for appointment as personal representative. The filing must include the original will (if there is one), the death certificate, and forms the court requires.
For general probate information from the Arkansas judiciary, see: Arkansas Courts — Probate Information.
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Provide notice, secure the appointment, and obtain letters.
The court will give notice to interested parties and may require publication and a bond (depending on the will’s terms or court rules). If the court approves your petition, it will issue letters testamentary (if there is a will) or letters of administration (if intestate). Those letters are the formal authority you need to collect assets and bring or pursue legal claims for the estate.
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Inventory assets and notify creditors.
Once appointed, the personal representative must gather and list estate assets and follow Arkansas procedures for creditor notice and claim handling. The estate must satisfy valid debts before distributing assets to beneficiaries.
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Pursue the Camp Lejeune claim in the name of the estate (if applicable).
With letters in hand, you can file or continue a claim on behalf of the decedent’s estate. The Camp Lejeune Justice Act and related federal processes govern how and where those claims proceed. For background on the federal Camp Lejeune program and health presumptions, see the Department of Veterans Affairs information: VA — Camp Lejeune.
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Resolve claims, pay debts, and distribute estate assets.
After resolving claims (including any recovery from a Camp Lejeune claim), pay qualified creditors and follow the will or intestacy rules to distribute remaining assets. Finally, file a closing accounting with the court if the court requires one and petition for discharge.
Which Arkansas law and court rules apply?
Arkansas probate procedures are governed by state statutes and local court rules. You can review Arkansas statutes and statutes’ titles on the Arkansas General Assembly website and learn practical probate steps through the Arkansas court system: Arkansas General Assembly (statutes and code) and Arkansas Courts — Probate Information. If you need the exact statute language that controls appointment of personal representatives and probate procedure, look under the Arkansas code sections that address estates, probate, and administration.
Practical notes specific to Camp Lejeune claims
- Many federal or tort claims require an authorized representative to bring suit for a decedent. Court‑issued letters for the estate provide that authority.
- Some agencies or claim programs require you to show proof of authority (letters testamentary/administration) before processing a claim or paying an award to the estate.
- Timing matters. Probate can take weeks to months depending on complexity. If a claim has a statutory window or other schedule, start the probate process promptly.
Helpful Hints
- Gather the decedent’s original will (if any), certified death certificate, and a list of likely assets before you file.
- Contact the clerk of the circuit court in the county where the decedent was domiciled to confirm local filing requirements and forms.
- If the estate appears small, ask the court clerk whether a small estate affidavit or simplified transfer is available and whether that will let you pursue the specific claim you have in mind.
- Consider speaking with two attorneys: a probate attorney who can quickly get you appointed as personal representative in Arkansas, and an attorney experienced with Camp Lejeune claims or federal toxic‑exposure claims to preserve and pursue the claim correctly.
- Keep meticulous records and copies of all court papers, notices to creditors, and any settlement or claim paperwork tied to the Camp Lejeune matter.
- Be mindful of potential estate administration costs (attorney fees, bond, publication, court fees) and how they may affect net recovery for beneficiaries.
Where to get forms and local guidance
Start with the circuit court clerk’s office in the county where the decedent was domiciled. For statewide resources and general guidance about Arkansas probate, see the Arkansas Courts probate page: https://www.arcourts.gov/court-seekers/probate. For statutory text and research, use the Arkansas General Assembly site: https://www.arkleg.state.ar.us/.
Bottom line
To lawfully pursue a Camp Lejeune claim on behalf of a deceased spouse in Arkansas, you will most likely need to be appointed the personal representative of the Arkansas estate. Start probate promptly, obtain letters from the court, and then pursue the federal claim in the name of the estate. Because probate and federal claims interact, consider local probate counsel and a lawyer experienced with Camp Lejeune claims to protect rights and meet procedural deadlines.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney‑client relationship. For advice about your situation, contact a licensed Arkansas attorney.