Overview and short answer

If you want to serve as the person who manages a deceased person’s estate in Arkansas, you generally must be formally appointed by the county probate court as the personal representative (often called an administrator when there is no will). The court issues Letters of Administration or Letters Testamentary that give legal authority to collect assets, pay bills and distribute property. When more than one person is appointed, the court may name co-administrators and set how duties are shared.

This article explains the usual steps, what courts look for, how co-administrator appointments work, and practical tips so you know what to expect. This is informational only and not legal advice.

Which Arkansas laws govern appointment?

Arkansas law governing wills, probate, and administration appears in Title 28 of the Arkansas Code. For statute text and current rules, see the Arkansas Legislature website: Arkansas Code (use search for Title 28 — Probate of Wills and Administration). The Arkansas Judiciary site also has court procedures and probate resources at Arkansas Courts.

Step-by-step: typical path to appointment

Locate the proper probate court. File in the probate division of the circuit court in the county where the decedent lived. If the decedent owned real property in another county, additional filings may be required there.
Gather required documents before you file. Common items: certified death certificate, the original will (if any), a list of heirs/next of kin, basic asset information, and ID for the proposed administrator(s).
Determine whether the decedent left a valid will. If there is a will, it usually nominates an executor. The nominated person can apply for appointment (Letters Testamentary). If the named executor is unable/unwilling to serve, the court may appoint an administrator under the will or a different personal representative. If there is no will (intestate), the court appoints an administrator (also called a personal representative).
Prepare and file a petition for appointment. The petition (sometimes called a petition for probate of will and for appointment of personal representative, or for appointment of administrator) asks the court to appoint you. The petition usually identifies the decedent, lists heirs and beneficiaries, states whether a will exists, and requests issuance of Letters so you can act for the estate.
Give required notice. Arkansas procedure requires notice to interested persons and often to creditors. The court will instruct you which parties must get personal notice and whether publication or other notice to creditors is required.
Attend the court hearing (if one is scheduled). Some routine administration matters proceed on the papers; others require a brief hearing. At the hearing the judge will consider whether the proposed administrator is qualified and whether anyone contests the appointment.
Post bond if the court requires it. Courts commonly require a fiduciary bond (insurance that protects the estate against misconduct or error). The will can waive bond, or heirs may request bond amount reductions, but a bond is frequently required unless properly waived.
Receive Letters of Administration or Letters Testamentary. After appointment and bond (if any), the court issues written authority (Letters) that you present to banks, government agencies, and other institutions to act on behalf of the estate.
Carry out administration duties. These include inventorying assets, notifying creditors, paying valid claims and taxes, managing property, and distributing assets to heirs or beneficiaries following Arkansas law and court orders. The personal representative usually must file periodic reports and a final accounting for court approval.

How co-administrator appointments work

The court can appoint more than one person to serve jointly as co-administrators. Common situations for co-administrators include:

Multiple family members with equal priority who want to share duties.
A nominated executor and a close family member serving together when the court thinks joint service is appropriate.
When an heir asks for temporary help while another is unavailable.

When the court appoints co-administrators it will specify whether they act jointly (both must sign for major acts) or whether one is the primary administrator and the other has limited powers. Co-administrators should have a written co-administrator agreement or court order clarifying decision-making, signature authority, and handling of disputes.

Who has priority for appointment?

Arkansas statutes set rules about who may be appointed and who has priority. In practice the surviving spouse, adult children, parents, or other heirs commonly rank highest. A person nominated in a valid will generally has preference if they qualify and timely apply. If multiple people of the same priority seek appointment, the court decides who is best suited or may appoint co-administrators. Refer to Arkansas Code (Title 28) for details on qualification and priority.

Common reasons a court may deny or remove an appointment

Proposed administrator lacks legal capacity (not an adult or mentally incompetent).
Felony convictions or proven misconduct that make appointment inappropriate.
Serious conflicts of interest or inability to post required bond.
Valid objections by heirs or beneficiaries showing a better qualified person exists.

Typical timelines and fees

Timelines vary by county and complexity. Simple estates without disputes can move through initial appointment in days to a few weeks. Complex or contested estates may take months. Courts charge filing fees; bond and publication costs add expenses. For an estimate of local filing fees and forms, contact the county circuit clerk or visit the Arkansas Courts website: https://www.arcourts.gov/

When to hire an attorney

Consider hiring a probate attorney if any of the following apply: the estate has sizable or complex assets, there are creditor disputes, taxes are complicated, family members contest appointment or distributions, or you want help preparing petitions, bonds, and accountings. An attorney can prepare filings, explain fiduciary duties, and represent the estate at hearings.

Practical checklist before you file

Obtain at least one certified copy of the death certificate.
Locate the decedent’s original will and any codicils.
Identify heirs and beneficiaries and their contact information.
Compile a preliminary list of assets, accounts, and property.
Decide whether you can satisfy bond requirements or whether a waiver exists in the will.
Be prepared to sign an oath promising to faithfully administer the estate.

Helpful hints

Start by calling the county circuit clerk’s office where the decedent lived to ask about local probate forms and fees.
If a will exists, review it closely to see who the decedent nominated and whether bond is waived.
Keep detailed records and receipts; courts expect inventory and accounting.
If family members disagree, propose co-administration with a clear written agreement to avoid early litigation.
Ask the court clerk about creditor notice requirements and deadlines so you don’t miss statutory notice periods.
When in doubt about complicated tax, real estate, or creditor issues, get legal advice promptly; early guidance can prevent mistakes that are hard to fix later.

Where to find Arkansas forms and official guidance

Useful official resources:

Arkansas Legislature – search Title 28 (Probate): https://www.arkleg.state.ar.us/
Arkansas Judiciary (court procedures and probate resources): https://www.arcourts.gov/
Local county circuit clerk — for local forms, filing instructions, and fee schedules (search your county on the Arkansas Judiciary site).

Disclaimer: This article is educational only and does not provide legal advice. I am not a lawyer. For advice about a specific case or to start the appointment process, consult a licensed Arkansas attorney or contact the county probate court.