FAQ: How Arkansas law treats jointly held bank accounts and property when someone dies without a will

Short answer: In Arkansas, the legal outcome depends on how the asset is titled. Joint accounts and property titled with a clear right of survivorship generally pass directly to the surviving joint owner(s) outside probate. Payable-on-death (POD) or transfer-on-death (TOD) designations also pass outside probate to the named beneficiary. Property titled only in the decedent’s name and without beneficiary designations goes through intestate succession under Arkansas law and is distributed to heirs according to the Arkansas probate statutes.

Detailed answer — what happens and why

1) Bank accounts

There are several common ways a bank account can be handled when an owner dies:

Joint account with right of survivorship: If an account is jointly owned and the account documents (or law) create a right of survivorship, the surviving joint owner typically becomes the sole owner immediately on the other owner’s death. The bank will usually require a certified copy of the death certificate and identification before removing the deceased person’s name. This transfer usually happens outside probate.
Account titled as “and” versus “or”: Practical bank rules vary. Many banks treat a joint owner listed as “John Smith or Jane Smith” or “John & Jane Smith” as a joint account with survivorship; still, the exact outcome depends on the account contract and the bank’s policies. Review the bank’s signature card and account agreement.
Payable-On-Death (POD) or Transfer-On-Death (TOD) beneficiary: If a beneficiary is named on the account, the funds pass to that beneficiary outside probate after the bank verifies the death and beneficiary identity. The named beneficiary’s right generally supersedes intestacy claims.
Convenience accounts: Some accounts are set up so a second person can pay bills while the primary owner is alive (a “convenience” or “agency” account). Those accounts typically do not create a survivorship interest; the funds remain the decedent’s and may pass through probate under intestacy rules.

2) Real property (houses, land)

How real property passes depends on the form of title:

Joint tenancy with right of survivorship: If property is held as joint tenants with right of survivorship, the surviving joint tenant(s) automatically receive the decedent’s share by operation of law. That transfer typically happens outside probate.
Tenancy in common: If the property is held as tenants in common, each owner holds an individual share that passes according to the decedent’s will or, if there is no will, by intestacy statutes.
Tenancy by the entirety: Arkansas recognizes tenancy by the entirety for married couples in many contexts. Property held by the entirety usually passes to the surviving spouse automatically, outside probate.
Property solely in decedent’s name: Real estate owned only by the deceased without a named beneficiary or survivorship language will usually go through probate and pass to heirs under Arkansas’s intestacy rules (see link to Arkansas probate statutes below).

3) Intestate succession (no will)

If property must go through probate because it is solely in the decedent’s name or does not otherwise pass by operation of law, Arkansas’s intestate succession rules control who inherits. Those rules prioritize close relatives—spouse, children, parents, then more distant relatives—depending on who survives the decedent. For the statutory rules on intestacy see Arkansas’s probate/intestate statutes: Ark. Code Ann. Title 28 (Probate & Intestate Succession).

4) Practical bank and transfer steps banks and title companies typically follow

When someone dies, banks and counties normally ask for:

A certified copy of the death certificate
Proof of identity and evidence of beneficiary or co-owner status
For transfers outside probate (joint survivorship or POD/TOD): the bank’s beneficiary/payee forms and an affidavit or release
For property transfers that require probate: a probate court order or a personal representative named by probate

5) Examples (hypothetical fact patterns)

Example A — Joint account with spouse named as joint owner:

Mary and Joe hold their checking account as joint tenants with right of survivorship. Mary dies. Joe presents Mary’s death certificate and ID to the bank. The bank transfers the funds to Joe, and the account continues in Joe’s name. Those funds generally never enter probate.

Example B — Account in decedent’s name alone, adult child named as POD:

Rebecca has an account titled only in her name but completed a bank form naming her daughter as POD beneficiary. Rebecca dies; the daughter presents the death certificate and beneficiary ID; the bank releases funds to her without probate.

Example C — House in decedent’s name only, no will:

Sam dies owning a house in his name only and no will. Sam is survived by a spouse and two children. The house must typically go through probate and will be distributed according to Arkansas’s intestacy statutes to Sam’s heirs unless the family uses a non-probate device (e.g., deed with survivorship language) or the estate qualifies for a simplified/summary settlement.

Where to look in Arkansas law

Key places to check in Arkansas law:

Intestate succession and probate rules — Ark. Code Ann. Title 28 (Probate). See: Arkansas Code, Title 28 (Probate).
Property titles, joint ownership, and related property law — Ark. Code Ann. Title 18 (Property). See: Arkansas Code, Title 18 (Property).

Common complications and cautions

Bank practice vs. legal title: Banks sometimes freeze accounts or apply their own rules while they verify title and beneficiaries. Doing so can delay access even where survivorship applies.
Conflicting documents: If account paperwork, a deed, or a beneficiary designation appears inconsistent, the institution or a court may require probate or a court order to resolve the conflict.
“Convenience” signers: Being authorized to transact on an account for someone else does not necessarily give an ownership interest that survives death.
Debts and creditors: Even when an asset passes outside probate, creditors may have claims against the decedent’s estate. Some transfers can be subject to creditor claims depending on timing and circumstances.

What you should do next (step-by-step)

Obtain several certified copies of the death certificate from the funeral home or the county vital records office.
Gather documents: bank statements, the bank’s account agreement/signature card, deeds, mortgage statements, and any beneficiary designations.
Contact each bank or financial institution to learn their procedures and whether the account is joint, POD/TOD, or a convenience account.
If real property is involved, check the deed at the county recorder’s office to see how title is held (joint tenancy, tenants in common, or sole ownership).
If the estate appears to require probate (solely titled assets), contact the local probate court or a probate attorney about opening an estate or using any small-estate procedure the county offers.
If you are unsure, consult a probate or estate attorney in Arkansas to confirm title effects, resolve conflicts, and protect heirs and creditors’ rights.

Helpful hints

Don’t assume a joint account always passes automatically — check the account agreement and bank records.
Beneficiary designations (POD/TOD) generally override intestacy — keep beneficiary forms up to date.
Get multiple certified death certificates early; banks and title companies will require them.
If you expect trouble or multiple claimants (for example, where an adult child and a surviving spouse disagree), get legal advice promptly.
Keep careful records of communications with banks, including names, dates, and what documents the bank requested.

Disclaimer: This article explains general legal principles under Arkansas law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. For advice about a particular situation, consult a licensed Arkansas attorney.