Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Arkansas, if someone dies without a valid will (intestate), state law determines who inherits. The process involves opening probate, appointing an administrator, settling debts, and distributing assets under Arkansas’s intestate succession statutes. Follow these steps:
- Open Probate and Appoint an Administrator. An interested person files a petition in the circuit court of the decedent’s county to open an intestate estate. The court issues Letters of Administration to an administrator. See Ark. Code Ann. § 28-41-102.
- Inventory, Notice, and Debt Payment. The administrator inventories all assets, publishes notice to creditors, and pays valid claims and expenses of administration.
- Statutory Distribution. After debts, the administrator distributes remaining assets to heirs per Ark. Code Ann. § 28-9-201. Typically:
- If a surviving spouse and children exist, the spouse and children share the estate.
- If no spouse, children inherit equally.
- If no spouse or children, assets pass to parents or other next of kin.
- Transfer of Real Property Title. Once distribution is approved, the administrator executes a deed transferring the home to each heir. Each heir holds title as tenants in common, owning an undivided share.
- Partition or Sale of the Property. If heirs cannot agree on ownership or use, they may:
- Agree privately to sell the property and split proceeds or buy out co-heirs.
- File a partition action under Ark. Code Ann. § 18-60-601. The court can physically divide land or order a sale and distribute proceeds to heirs.
Without a will, heirs rely solely on statute. An experienced probate attorney can help navigate court procedures and ensure a clear transfer of title.
Helpful Hints
- Open probate promptly to minimize creditor claim issues.
- Obtain a certified death certificate before filing.
- Keep detailed records of estate transactions and distributions.
- Consider mediation to avoid the cost and delay of partition litigation.
- Consult the local circuit clerk’s office for specific probate filing requirements.