Detailed Answer
When someone in Arkansas dies intestate—without a valid will—the estate distributes under the intestate succession rules in Arkansas Code Title 28, Subtitle 2, Chapter 9. The probate court identifies heirs and divides assets according to a fixed order.
1. Surviving Spouse and Descendants
If the decedent leaves a surviving spouse and all descendants are also descendants of that spouse, the spouse receives the entire estate. If any descendants come from another relationship, the spouse inherits the first $100,000 plus one-half of the remaining estate; the other half divides among the descendants per stirpes. (Ark. Code Ann. § 28-9-212).
2. Descendants Only
If there’s no surviving spouse, all descendants inherit the entire estate per stirpes—each branch of the family receives an equal share. (Ark. Code Ann. § 28-9-214).
3. Parents
If no spouse or descendants survive, the estate passes equally to the decedent’s parents. (Ark. Code Ann. § 28-9-215).
4. Siblings and Their Descendants
Absent spouse, descendants, or parents, siblings and their descendants inherit per stirpes. (Ark. Code Ann. § 28-9-215).
5. More Remote Relatives and Escheat
If no heirs qualify in the above classes, the estate goes to grandparents, then aunts and uncles (and their descendants) per stirpes. (Ark. Code Ann. § 28-9-216). If no eligible relatives exist, the estate escheats to the State of Arkansas. (Ark. Code Ann. § 28-9-218).
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Identify all potential heirs: spouse, descendants, parents, siblings, and more remote relatives.
- Gather key documents: death certificates, birth certificates, marriage licenses.
- File an intestate probate petition in the county where the decedent resided.
- Obtain asset valuations before distribution to heirs.
- Consider consulting a probate attorney for court filings and dispute resolution.