Detailed Answer
When someone dies without a valid will in Arkansas, the probate court appoints a personal representative (administrator) under the priority scheme in Ark. Code Ann. § 28-41-101. A surviving spouse, children, parents, and other close relatives hold higher priority. If you wish to serve despite a higher-priority heir, Arkansas law offers three main routes.
1. Obtain a Written Renunciation or Waiver
Under Ark. Code Ann. § 28-41-205, a higher-priority heir may renounce their right in writing. The heir signs a renunciation form before any other person accepts appointment. Once filed, the next heir in line—including you—becomes eligible. You must attach the signed renunciation to your Application for Appointment of Administrator and file both with the probate court.
See: Ark. Code Ann. § 28-41-205.
2. Demonstrate Disqualification of the Higher-Priority Heir
Arkansas disqualifies potential administrators for certain reasons (Ark. Code Ann. § 28-41-108), such as felony convictions involving dishonesty, unsound mind, or conflict of interest. If the higher-priority heir is disqualified, the court skips them and may appoint you. You must file a motion showing clear evidence of disqualification and request that the court remove that individual from consideration.
See: Ark. Code Ann. § 28-41-108.
3. Seek Court Discretion in Extraordinary Cases
In rare situations, the court may exercise discretion to appoint a less-preferred heir if the higher-priority person cannot serve due to incapacity, unavailability, or refusal. You must petition the court, explain why the higher-priority heir cannot or will not act, and present evidence that your appointment serves the estate’s best interests. The judge will consider family harmony, timeliness, and the heir’s willingness to administer the estate faithfully.
Procedure for Petitioning the Court
- Prepare and file an Application for Appointment of Administrator with the county probate clerk.
- Attach any renunciations, waivers, or disqualification evidence.
- Serve notice on all interested parties as required by Ark. Code Ann. § 28-41-107.
- Attend the hearing and show cause why you should be appointed.
- If the court grants your petition, receive Letters of Administration.
See: Ark. Code Ann. § 28-41-107 (notice requirements).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. To understand how these rules apply to your situation, consult a licensed attorney in Arkansas.
Helpful Hints
- Review the complete priority list in Ark. Code Ann. § 28-41-101 before filing.
- Use court-approved forms for petitions and renunciations.
- Gather certified death certificates and family records early.
- Ensure all waivers or renunciations are notarized and dated before your filing.
- Consider consulting a probate attorney if the petition becomes contested or complex.