How are real property and personal assets identified, inventoried, and distributed under intestacy law in Arkansas? | Arkansas Probate | FastCounsel
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How are real property and personal assets identified, inventoried, and distributed under intestacy law in Arkansas?

August 5, 2025 2 min read

Identifying, Inventorying, and Distributing Intestate Real and Personal Property in Arkansas

Disclaimer: This information is for educational purposes and not legal advice.

Detailed Answer

1. Identifying Estate Assets

Real Property

The personal representative begins by locating all real estate titled in the decedent’s name. This includes homes, land, and commercial property. Search county land records or deeds. Review the decedent’s deeds and mortgage statements for addresses and legal descriptions.

Personal Property

Personal property includes bank accounts, vehicles, jewelry, and household items. Check safe deposit boxes, insurance policies, vehicle titles, and financial statements. Gather inventories of tangible and intangible assets owned as of the decedent’s date of death.

2. Inventory and Appraisement

Under Ark. Code Ann. § 28-38-305 (Inventory and appraisement), the personal representative must file a detailed inventory and appraisal with the probate court within three months after appointment. You must list each asset’s fair market value. A certified appraiser often assists with real estate valuations (Ark. Code Ann. § 28-38-305: https://law.justia.com/codes/arkansas/2019/title-28/subtitle-4/chapter-38/subchapter-3/section-28-38-305/).

3. Intestate Distribution

If the decedent died without a will, Arkansas’s intestacy statutes govern distribution. Key provisions include:

  • Spouse and No Descendants: Surviving spouse receives entire estate (Ark. Code Ann. § 28-9-201: https://law.justia.com/codes/arkansas/2014/title-28/subtitle-3/chapter-9/subchapter-2/section-28-9-201/).
  • Spouse and Descendants: Spouse receives first $100,000 plus half of remaining estate; descendants receive the balance per stirpes (Ark. Code Ann. § 28-9-202: https://law.justia.com/codes/arkansas/2014/title-28/subtitle-3/chapter-9/subchapter-2/section-28-9-202/).
  • No Spouse, With Descendants: Entire estate passes to descendants per stirpes (Ark. Code Ann. § 28-9-204).
  • No Spouse or Descendants: Estate passes to parents, then siblings, then more remote heirs (Ark. Code Ann. § 28-9-205).

Helpful Hints

  • Start asset searches early by reviewing title records and financial documents.
  • Hire a certified appraiser for accurate valuations of real estate under Ark. Code § 28-38-305.
  • File the inventory with the probate court within three months of appointment to avoid penalties.
  • Understand the priority of heirs under Arkansas’s intestacy statutes to plan distributions correctly.
  • Keep clear records of all transactions and appraisals related to estate assets.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.