How next of kin can qualify to serve as an estate administrator under Arkansas law

Disclaimer: This is general information and not legal advice. Laws change and every estate is different. Consult a licensed Arkansas attorney or the local probate court for advice specific to your situation.

Detailed Answer

When a person dies in Arkansas without naming an executor in a valid will (or when no valid will exists), the probate court appoints an administrator to manage and settle the decedent’s estate. Next of kin frequently seek appointment as administrator. To qualify and succeed, a next of kin must meet basic legal requirements and follow the court’s procedures.

Who has priority to be appointed?

Arkansas law gives priority to certain people when appointing a personal representative. In practice, the court typically looks first to the person the decedent named in a valid will. If there is no valid appointment in a will, the court gives preference to close family members—commonly the surviving spouse, adult children, parents, then other nearer heirs—unless someone else with better priority petitions. If multiple people with the same priority seek appointment, the court decides among them based on fitness and the best interests of the estate.

For authoritative text and to locate the exact statutory priority and procedures, search the Arkansas Code on the Arkansas Legislature website: https://www.arkleg.state.ar.us/. You can search Title provisions covering probate and administration there.

Basic qualifications a next of kin must meet

Be legally an adult and mentally competent. Minors generally cannot serve as an administrator.
Not be disqualified by law. Certain legal disabilities (for example, specific criminal convictions or other disqualifying conditions under Arkansas law) can prevent appointment.
Be willing and able to perform fiduciary duties: collect assets, safeguard them, pay valid debts and taxes, file required inventories and accountings, and distribute the estate according to the will or Arkansas intestacy laws.
Normally file the required documents in the probate court of the county where the decedent resided at death and appear at any required hearings.

Common procedural steps to become the administrator

Obtain certified copies of the death certificate.
Locate the will (if any). If the decedent left a will that names a personal representative, that person normally has priority to be appointed.
Prepare and file a petition for appointment of an administrator (sometimes called a petition for letters of administration) with the county probate or circuit court where the decedent lived.
Provide notice to interested persons (heirs, beneficiaries, known creditors) as required by court rules so they have a chance to object.
The court will review the petition, consider objections, and decide whether to appoint the petitioner. The court may require the administrator to post a bond to protect estate creditors and heirs; bond may be waived if permitted and if interested parties consent or the will waives bond.
Upon appointment, the court issues letters of administration (or letters testamentary if there is a will and the named executor is appointed). These documents allow the administrator to act on behalf of the estate.

What the court checks before appointing a next of kin

Priority of the petitioner compared to other claimants or the person named in a will.
Petitioner’s legal capacity and absence of statutory disqualifications.
Whether a bond should be required, and whether interested parties object to appointment.

Typical duties after appointment

Once appointed, an administrator must:

Identify and secure estate assets.
Give notice to creditors and pay valid debts.
Prepare an inventory and file reports the court requires.
File any necessary tax returns and pay estate taxes if due.
Distribute remaining assets to heirs or beneficiaries according to the will or Arkansas intestacy rules.
Keep accurate records and, when required, file a final accounting with the court.

Where to find Arkansas law and court forms

For the specific Arkansas statutes and procedural rules governing appointment of administrators, use the Arkansas General Assembly site to search the Arkansas Code: https://www.arkleg.state.ar.us/. For county-specific probate filing procedures and local forms, contact the circuit or probate court clerk in the county where the decedent lived; general Arkansas court resources are at the Arkansas Judiciary site: https://www.arcourts.gov/.

Helpful Hints

Start early. Gather the death certificate, any will, bank statements, titles, and a list of known creditors before filing a petition.
Talk to likely heirs and beneficiaries before filing to reduce objections and to learn whether anyone else intends to petition.
Check whether the will waives bond. If not, be prepared to post a bond or get heirs’ written waivers if allowed.
If estate assets are small, ask the court clerk whether a simplified or small-estate procedure applies in Arkansas.
If you anticipate disputes (family conflicts, creditor claims, unclear ownership of assets, or potential tax issues), consult an Arkansas probate attorney early. An attorney can help prepare the petition, represent you at hearings, and advise about fiduciary duties and liability exposure.
Keep detailed records and receipts for all estate transactions. Administrators are fiduciaries and must account for funds and property they handle.
If you or another potential petitioner is disqualified for any reason, the court will move to the next eligible person under Arkansas law.

If you need the exact statutory language that governs appointment priorities, qualifications, bond requirements, or the probate process in Arkansas, search the Arkansas Code at the Arkansas Legislature website: https://www.arkleg.state.ar.us/, or contact the local circuit/probate court clerk for county-specific filing requirements.

Final note: This article explains general steps and common rules. It does not replace legal advice. For questions about a specific decedent’s estate, speak with a licensed Arkansas attorney or the probate court clerk where the decedent lived.