Detailed Answer: Arkansas Intestate Succession Without a Spouse and With Three Children
When someone dies intestate (without a will) in Arkansas and leaves no surviving spouse but three children, Arkansas law controls how the estate is distributed. Under Arkansas Code § 28-41-104, the decedent’s entire intestate estate passes in equal shares per capita to their descendants. In this scenario, each of the three children inherits one-third of the estate.
This distribution covers all types of assets—real property, bank accounts, investments, personal items—unless another valid document directs otherwise.
Key Steps in the Process
- Appointment of a Personal Representative: The probate court appoints an administrator to manage the estate (Ark. Code Ann. § 28-41-101).
- Inventory and Notice: The administrator compiles a full inventory of assets and notifies potential creditors.
- Payment of Debts and Expenses: Valid debts, funeral costs, and administrative expenses are paid from the estate.
- Distribution to Children: After settling debts, the remaining assets go to the three children in equal shares per capita as required by Ark. Code Ann. § 28-41-104.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Confirm All Heirs: Verify the legal status and identity of all children to prevent disputes.
- Gather Documentation: Collect the death certificate, asset statements, and any beneficiary designations.
- Consult Probate Rules: Arkansas law sets deadlines for creditor claims and probate filings—missing a deadline may affect distribution.
- Seek Professional Help: Even straightforward intestacies can benefit from an attorney or qualified probate specialist.
- Consider Mediation: If family disputes arise, mediation often resolves issues faster and more cheaply than litigation.