Detailed Answer

When someone dies without a will in Arkansas, the probate court appoints a personal representative (commonly called an administrator) to gather assets, pay debts, and distribute the estate under Arkansas intestacy rules. Below is a clear, step-by-step explanation of how a sibling can qualify for appointment as the administrator and what to expect while administering an intestate estate in Arkansas.

Which court handles the appointment?

Probate matters in Arkansas are handled by the circuit court in the county where the decedent lived at death. To begin, you (or someone else) file a petition for administration in that circuit court.

Who has priority to be appointed?

Arkansas follows a statutory order of preference for appointing a personal representative. The court gives priority to certain close relatives (for example, a surviving spouse or children). If none of the higher-priority relatives are available, willing, and qualified, the court may appoint a sibling. If several people of the same priority apply (for example, multiple siblings), the court typically chooses the person who petitions first or the person the court considers best suited to carry out the duties. For the exact statutory framework, see Arkansas statutes on probate and intestate succession at the Arkansas General Assembly website: https://www.arkleg.state.ar.us.

Basic qualifications to serve

Adult age (generally at least 18).
Mentally competent to manage estate affairs.
Not disqualified under state law (for example, certain felony convictions or conflicts may bar service in some circumstances).
Willing to serve and capable of posting bond if the court requires it.

Typical steps to become the administrator

Locate the correct county circuit court where the decedent lived.
Prepare and file a Petition for Letters of Administration (sometimes called Petition for Administration). The petition asks the court to appoint you as the personal representative and explains who the heirs are and the estate’s approximate assets.
Attach a certified copy of the death certificate and any required filing fee.
The court will set a hearing. The clerk will notify heirs and interested parties as required by law. If no higher-priority person appears to contest appointment, the court will usually appoint the petitioner if the petitioner is qualified.
If the court requires a bond (a surety bond to protect the estate), you must post the bond or ask the court to waive it. Nonresidents or persons with no established credit often must post bond.
After appointment, the court issues Letters of Administration (official document showing you have authority to act). With these letters you can collect assets, pay bills, and carry out estate administration.

If multiple siblings want to serve

If more than one sibling petitions, the court resolves the conflict. Often the first suitable petitioner receives preference, but the court can appoint the person it deems most appropriate (for example, the sibling who is most available, financially able to post bond, or who lives closest to the estate’s affairs). If siblings cannot agree, it may be helpful to consult an attorney to present a unified petition or a proposed arrangement to the court.

Bond, fiduciary duties, and supervision

The court may require a bond to protect creditors and heirs. As administrator you act as a fiduciary: you must collect and protect assets, give proper notices to creditors, file required inventories and accountings, pay valid claims and taxes, and distribute remaining property according to Arkansas intestacy law. Keep careful records and bank estate funds separately. The court monitors administration and can remove a personal representative who breaches duties.

How inheritance is distributed without a will

If there is no will, Arkansas intestacy laws determine who inherits and in what share. Typically, surviving spouses, children, parents, siblings, and other relatives inherit in a defined order depending on who survives the decedent. For precise statute language and distribution rules, consult the Arkansas Code (Title 28 — Probate & Estates) available from the Arkansas General Assembly: https://www.arkleg.state.ar.us.

What if you’re refused appointment or someone objects?

An interested person can object at the appointment hearing. Valid objections can include a more-preferred heir available to serve, a lack of qualifications, or suspected misconduct. If you are refused appointment, you may hire a lawyer to request reconsideration or to represent you in contest proceedings. In some cases the court may appoint a neutral professional administrator instead.

Hypothetical example

Suppose your Arkansas-born sibling died in Little Rock without a will. You are over 18, live in another county, have not been convicted of a disqualifying crime, and want to serve. You would file a Petition for Letters of Administration in the Pulaski County Circuit Court, attach the death certificate, list surviving heirs (for example, parents, other siblings), and request appointment. If no surviving spouse or children claim priority, and no one objects or a higher-priority relative appears, the court will likely appoint you if you meet requirements and post bond if required.

Important official resources:

Arkansas General Assembly (statutes and Title 28 — Probate): https://www.arkleg.state.ar.us
Arkansas Judiciary information and circuit courts (probate practice location): https://www.arcourts.gov

When to get help from an attorney

Consider hiring a probate attorney if:

Heirs contest who should serve;
The estate has complicated assets (real estate, business interests, out-of-state property);
Significant debts, tax issues, or potential creditor claims exist; or
You are unsure how to prepare required court filings or accountings.

Disclaimer

This article explains general Arkansas probate procedures and is for educational purposes only. It is not legal advice. Laws change and each situation is different. For advice about a specific case, contact a licensed Arkansas attorney or the circuit court clerk in the county where the decedent lived.

Helpful Hints

Start by contacting the circuit court clerk in the county where your sibling lived — clerks can tell you which forms the court uses and required filing fees.
Gather a certified copy of the death certificate before filing the petition.
Make a short list of known assets (bank accounts, real estate, vehicles) and known debts to include in the petition.
Talk to other relatives early. If siblings agree on one person to serve, the appointment process is often smoother and less costly.
If you live out of state, check whether the court will require a higher bond for nonresidents and be prepared to arrange it quickly.
Keep meticulous records of all estate transactions — the court and heirs will expect transparency.
If the estate seems small and uncomplicated, consider whether Arkansas has simplified administration procedures (small estate affidavits) that could avoid formal probate — ask the court clerk or an attorney.