Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
How Intestate Succession Works in Arkansas
When someone dies without a valid will in Arkansas, their property passes through intestate succession under Arkansas Code §28-41-101 et seq. The state classifies heirs into priority groups and distributes assets according to statute. If a decedent has no surviving spouse but leaves behind two children, the entire estate passes equally to the children.
1. Defining Heirs Under Arkansas Law
Arkansas Code §28-41-102 outlines first-priority heirs: descendants (children, grandchildren). If there is no surviving spouse, the full estate goes to the descendants.
• Link to statute: Ark. Code §28-41-102
2. Equal Shares for Surviving Children
With two surviving children and no spouse, each child inherits one-half of the estate. Arkansas law distributes shares “per capita” at the first generational level. This means each living child receives an equal share of the net estate.
3. Per Stirpes Distribution if a Child Predeceased
If one of the two children died before the decedent but left descendants (grandchildren), those grandchildren inherit their parent’s share by right of representation (per stirpes). See Ark. Code §28-41-103 for details.
• Link to statute: Ark. Code §28-41-103
4. Practical Steps to Administer an Intestate Estate
1. File a Petition for Letters of Administration in the probate court of the county where the decedent lived. 2. The court appoints a personal representative. 3. The representative collects assets, pays debts, and distributes the remainder to heirs per statute.
Helpful Hints
- Gather all asset and debt information before filing probate paperwork.
- Locate certified copies of the death certificate to submit to the court.
- Notify known creditors and publish a notice to unknown creditors as required by Ark. Code §28-41-301.
- Keep detailed records of all estate transactions; inventory and account to the court.
- Seek counsel if children are minors—appoint a guardian or conservator as necessary.
- Consider mediation if heirs dispute asset values or distribution.