Short answer
When a person dies in Arkansas without a will, their children inherit under the state intestacy rules. Surviving children (including adopted children) take the deceased’s share. If a child died before the parent but left descendants (grandchildren), those descendants generally step into the deceased child’s place and inherit that child’s share by representation (commonly called “per stirpes” distribution). Half-blood, adopted, and posthumously born children have special rules. These rules are set by Arkansas probate law and applied in probate court.
Detailed answer — how succession among children works under Arkansas law
This section explains, in plain language, the most common situations involving children when a person dies without a will (intestate) in Arkansas. This is educational material only and not legal advice.
1. Who counts as a “child” under Arkansas intestacy rules?
- Biological children are heirs.
- Adopted children inherit from and through their adoptive parents the same as biological children.
- Children born after the parent’s death (posthumous children) may inherit if they meet the statute’s timing and notice rules.
- Stepchildren generally do not inherit unless they were legally adopted.
- Children born out of wedlock are heirs of their mother automatically; they are heirs of the father if paternity is established under Arkansas law.
For statutory language and definitions governing probate and intestacy, see Arkansas statutes on probate and administration (Title 28). You can search the Arkansas Code at the Arkansas General Assembly website: https://www.arkleg.state.ar.us/
2. Per stirpes (representation): what happens if a child predeceases the parent?
If a child dies before the parent but leaves descendants (for example, grandchildren of the decedent), those descendants typically take the share their parent would have taken. This is known as succession by representation (often described as per stirpes). For instance:
- Example A: Parent dies leaving three children A, B, and C alive — each child receives one-third.
- Example B: Parent dies leaving child A (alive), child B (predeceased but left two children), and child C (alive) — B’s two children together inherit B’s one-third share and split it between them (each gets one-sixth overall), while A and C each receive one-third.
Arkansas applies representation rules in probate distribution; see the Arkansas probate statutes for details at the state legislature site: https://www.arkleg.state.ar.us/
3. Interaction with a surviving spouse
When a decedent leaves a surviving spouse and children, distribution depends on whether all the decedent’s children are also children of the surviving spouse. Arkansas law provides different shares for the surviving spouse depending on that fact pattern. If the decedent is survived only by children and no spouse, children inherit outright. For exact statutory divisions between spouse and children, consult the Arkansas Code (Title 28) and a probate attorney.
4. Half-blood children and equality of shares
Under Arkansas law, half-blood children (children who share only one parent with the decedent) typically inherit equally with whole-blood children, unless the statute provides otherwise. Adopted children inherit equally with biological children.
5. Children who disclaim or are unqualified
A child may refuse (disclaim) an inheritance under rules that require a timely, valid disclaimer. If a child is legally disqualified (for example, by certain criminal acts in some states), the child’s share may pass as if the child had predeceased the decedent. Specific disqualification rules and effects of disclaimers are governed by statute and case law.
6. Practical probate steps when children are heirs
- Locate death certificate and basic documents (birth records, marriage records, prior wills if any).
- Identify all children and any descendants of predeceased children.
- Open probate or small‑estate proceeding in the county where the decedent lived. Probate court applies Arkansas intestacy rules to determine shares.
- File inventory, give notices to heirs, and follow the court’s process for appointment of a personal representative (administrator) — often a surviving spouse or an adult child volunteers.
- If disagreements arise among children or with the personal representative, consult an attorney; disputes may require court resolution.
Resources: Search Arkansas statutes on the Arkansas General Assembly site for “intestate succession,” “probate,” and “representation” in Title 28: https://www.arkleg.state.ar.us/
Special scenarios and common questions
What if a child’s paternity is not established?
Absent established paternity, an adult claiming to be the decedent’s child generally must establish paternity through DNA or a court proceeding to inherit from the father’s intestate estate.
Do adopted children from another marriage inherit from biological parents?
Generally, adoption severs inheritance rights from the biological parent and creates inheritance rights from the adoptive parent. There are exceptions (e.g., stepparent adoptions may preserve biological ties in limited circumstances); check Arkansas statute and case law for specifics.
How are minors’ shares protected?
If an heir is a minor, the court will protect that child’s share — commonly by requiring a guardian, bond, or court‑approved trust or custodial arrangement.
Helpful Hints
- Gather family records early: birth certificates, adoption papers, marriage certificates, and any documents that prove paternity or descent.
- Make a clear family tree listing living children and descendants of any predeceased children — courts use this to determine shares.
- Consider small‑estate procedures if the estate is below Arkansas’s small‑estate threshold — they can be faster and simpler than full probate.
- If a surviving spouse is present, determine whether all children are also children of the spouse — that fact affects how the estate is split.
- Be aware that informal agreements among heirs can simplify administration but should be documented and approved by the court when necessary.
- If any heir is unclear about their rights (adopted, out-of-wedlock, or claim of paternity), get legal help early; establishing status can be time sensitive.
- Disputes among children about administration, accounting, or distribution are common. A probate attorney can advise on negotiation or litigation options.