Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
In Arkansas, if someone dies without a valid will (intestate), state law dictates how their property passes to heirs. To determine who the intestate heirs of your father’s estate are, follow these steps:
- Confirm intestacy: Verify no will was admitted to probate in the circuit court where your father resided.
- Gather family records: Collect birth, marriage, divorce and death certificates to establish relationships with a surviving spouse, children (including adopted and posthumous), parents and siblings.
- Apply Arkansas intestacy statutes:
- Ark. Code Ann. § 28-41-101 sets the general rule: if there is no surviving spouse, all property passes to descendants equally.
- Ark. Code Ann. § 28-41-102 governs distribution when there is a surviving spouse and descendants, including the spouse’s share and the children’s shares.
- Ark. Code Ann. § 28-41-104 details distribution to parents, siblings and more remote relatives if no spouse or descendants survive.
- Account for predeceased heirs: Arkansas follows a per stirpes approach. If one of your father’s children died before him, that child’s share passes to his or her descendants.
- Submit a petition in Probate Court: File a petition for determination of heirs in the Probate Division of the circuit court in your father’s county of residence. The court issues an order identifying heirs and their proportions of the estate.
Helpful Hints
- Obtain certified vital records early to prove relationships.
- Review marriage, divorce and adoption decrees to confirm legal ties.
- List all children, including adopted and posthumous, to ensure no one is overlooked.
- Check for predeceased children and identify their descendants for per stirpes distribution.
- Contact the probate court clerk for filing fees and procedural requirements.
- Consider hiring a genealogist if family history is complex or records are sparse.