Detailed Answer

This guide explains how to identify the lawful heirs and determine who holds title to real property after a grandparent dies in Arkansas. It assumes you start with no legal knowledge and walks through practical steps, what Arkansas law generally says, and when to get help.

Step 1 — Gather basic documents

Obtain a certified copy of the death certificate from the Arkansas Department of Health (Vital Records). Many agencies and courts require the certified copy to start official processes.
Search for a will. Common places: the decedent’s safe, safe-deposit box, attorney’s file, mail, or with close family members. If a will exists, the person holding it usually files it with the probate court.
Collect any documents showing ownership: deeds, mortgage statements, property tax bills, title insurance policies, or trust documents.

Step 2 — Check official records for property and probate

Two record systems are most important:

County land records/recorder (deed records): Search the county recorder or clerk/recorder office where the property is located to find the recorded deed. The deed shows how title is held (sole ownership, joint tenancy with right of survivorship, tenancy in common, or trust). Most Arkansas counties have online search portals; if not, call or visit the county recorder/assessor’s office.
Probate/court records: Search the local circuit/probate court where the decedent lived. If someone opened a probate case, the court file will identify the personal representative/administrator and list heirs or beneficiaries. Arkansas courts organize probate matters by county; you can start at the Arkansas Judiciary website (arcourts.gov).

Step 3 — Understand typical ownership outcomes

If the property is in a trust, the trust document controls distribution without formal probate. Look for a trust or contact the decedent’s attorney.
If the deed names joint owners with right of survivorship (common examples: “A and B, joint tenants”), the surviving co-owner usually becomes the sole owner automatically.
If the property is titled solely in the decedent’s name and no trust applies, the property typically passes through probate. If a valid will exists, the executor named in the will administers the estate. If there is no will, Arkansas intestacy laws determine heirs.

Arkansas intestacy rules (who inherits when there is no will)

When someone dies without a valid will, Arkansas law sets the order of who inherits (intestate succession). The primary order of priority is generally:

Surviving spouse and children (or descendants of deceased children).
If no spouse or children, then parents, then siblings, then more distant relatives.

Arkansas statutory rules that govern intestate succession appear in the Arkansas Code, Title 28 (Estates, Trusts, and Protective Proceedings). See the Arkansas Code for the full statutory framework: Arkansas Code (Arkansas General Assembly). These provisions explain exactly how assets divide among surviving relatives.

Step 4 — If you can’t find a will or probate record

Talk to close family members — someone may know about a will or deed changes. Banks, accountants, or lawyers who helped the decedent might also have information.
Search state and local records: county recorder (deeds), assessor (tax rolls), clerk of court (probate filings), and federal or state online databases for liens or mortgages.
If no probate was opened and the property is still in the decedent’s name, a relative typically must open probate or file a small-estate affidavit (if Arkansas law allows and the estate meets the dollar limits) to clear title.

Practical examples

Example A: Grandparent owned the home alone, no will found, and two adult children survive. A family member must open probate in the county where the grandparent lived. The court will appoint an administrator. Under Arkansas intestacy rules, the estate assets (including the home) will pass to the children according to statute unless the surviving spouse also has a claim.

Example B: Deed shows grandparent and one child as joint tenants with right of survivorship. The child listed on the deed generally becomes sole owner at death without probate.

When to hire a probate or real estate attorney

Consider consulting an attorney if any of the following apply:

Multiple potential heirs dispute who inherits.
Title or deed language is unclear or a third party claims ownership.
The estate has significant debts, taxes, or complex assets (e.g., businesses, out-of-state property).
You need to open probate, administer the estate, or clear title for sale or transfer.

An attorney can explain Arkansas probate procedures, prepare and file required petitions, and help you comply with statutory notice and creditor rules under Arkansas law (see Arkansas Code, Title 28: Estates and Probate provisions via Arkansas General Assembly).

What to expect in the probate process

Filing a petition with the county circuit/probate court to open the estate.
Appointment of a personal representative (executor or administrator).
Inventory of assets, notice to creditors, payment of valid debts and taxes, and distribution to heirs or beneficiaries following a will or intestacy rules.
Issuance of court documents (like letters testamentary or letters of administration) that allow the representative to transfer property title or close accounts.

Use the Arkansas Judiciary site to locate the appropriate county court contact and local forms: https://www.arcourts.gov.

Disclaimer

This article is educational and not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Arkansas attorney, county probate court, or other official state resources.

Helpful Hints

Start by getting a certified death certificate from Arkansas Vital Records: Arkansas Vital Records.
Search the county recorder/assessor where the property is located to view the deed and tax records online or in person.
Look through the decedent’s personal papers and contact their attorney, bank, or accountant for a will, trust, or title information.
Check the county circuit/probate court’s online records or call the clerk to see whether a probate case exists. The Arkansas Courts website can point you to local contacts: arcourts.gov.
If you find a will, file it with the probate court promptly. If no will exists, be prepared to follow intestacy procedures under Arkansas law.
For quick transfers of small-value assets, ask the probate clerk whether Arkansas has a small-estate affidavit or summary procedure that fits your situation.
Get title help if you plan to sell property: a title company can run a title search and recommend the document (probate decree, affidavit, or deed) needed to transfer ownership.
Document conversations and keep copies of court filings, deeds, and correspondence. Dates and names help if disputes arise.
If relatives disagree, consider mediation or hire counsel early — disputes can increase costs and delay transfers.

If you want, provide the county where the grandparent lived or the property is located, and I can suggest local court contacts, recording office links, and next steps specific to that county.