How Remaining Estate Funds Are Distributed to a Decedent’s Children in Arkansas

Disclaimer: This is general information and not legal advice. Laws change and every estate is different. Talk to a licensed Arkansas probate attorney to apply these rules to your situation.

Detailed answer — the process in plain language

When an Arkansas decedent’s estate has paid all taxes, creditor claims, and administration expenses, the personal representative (sometimes called the executor or administrator) follows a court-approved process to distribute the remaining assets to beneficiaries. If the beneficiaries are the decedent’s children, distribution happens either under the decedent’s valid will or under Arkansas’s intestacy rules if there is no will.

General steps the personal representative takes:

Prepare the final accounting. The personal representative prepares a final account that shows all assets received, expenses paid (including taxes and creditor claims), and the remaining balance for distribution. This accounting itemizes how the estate was administered.
File a petition for final settlement or distribution with the probate court. The representative files the final account and a petition asking the probate court to approve the accounting and authorize the distribution. The court will give notice to interested parties (heirs, beneficiaries, creditors, and the surviving spouse, if any).
Court review and approval. The probate judge reviews the accounting, any objections, and the proposed distribution. If the judge approves, the court issues an order granting final settlement and authorizing distribution of the residue (the remaining estate) to the named beneficiaries or the heirs at law.
Distribution in accordance with the will or intestacy rules. – If there is a valid will that names the children (or names others or divides shares), the estate is distributed according to the will’s terms, subject to any legal claims or forced-share rights of a surviving spouse.
– If there is no will, Arkansas intestate succession law determines shares among the surviving spouse and children. The personal representative must follow those rules when paying out the residue. (See Arkansas Code Title 28 for probate and intestacy rules.)
Special rules for minors and incapacitated beneficiaries. If a beneficiary child is a minor or legally incapacitated, the court may require special handling: appointing a guardian of the estate, placing funds in a custodial account, or ordering funds deposited with the court until a guardian is appointed or the child reaches majority.
Receipts and releases. After distributing funds, the personal representative obtains signed receipts or releases from beneficiaries. These documents protect the representative from future claims for distributions.
Final discharge. The representative files the receipts and a final report with the probate court and asks for discharge. Once the court discharges the representative, their duties end and the estate is closed.

Who decides how much each child receives?

If the decedent left a valid will, the will’s distribution language controls (subject to successful will contests and a surviving spouse’s statutory rights). Without a will, Arkansas intestacy law determines shares among the surviving spouse and children. The distribution can depend on whether the decedent had a surviving spouse and on how many children there are. The probate court enforces those statutory rules.

For the official Arkansas statutes governing probate and intestate succession, see the Arkansas Code Title 28 (Probate). The Arkansas General Assembly maintains the official code here: https://www.arkleg.state.ar.us/ArkansasCode/Title/28.

Common practical issues and how they are handled

Disputes among heirs. If children dispute the accounting, distribution plan, or validity of the will, objections must be filed in the probate court. The court resolves disputes before approving final distribution.
Tax or creditor surprises. If a new creditor claim or tax liability appears after proposed distribution, the court may delay distribution or require the representative to reserve funds to cover the claim.
Missing or unknown heirs. The representative must use reasonable efforts to locate heirs and give court-ordered notice. If heirs remain unlocatable, the court may allow alternative procedures such as publication notice or deposit of funds with the court.
Jointly held property, transfer-on-death, and non-probate assets. Assets that pass outside probate (joint tenancy, pay-on-death accounts, beneficiary-designated retirement plans or life insurance) do not form part of the probate residue and generally go directly to the named co-owner or beneficiary.

Helpful hints

Locate the will immediately and provide it to the probate court and personal representative.
Keep clear records: inventories, receipts, bills, and communications with creditors and beneficiaries.
Talk to the probate clerk early to learn local court forms, filing fees, and notice requirements.
If a child beneficiary is a minor, plan ahead: ask the court about guardianship of the estate or options to set up a custodial account.
Get a federal tax identification number (EIN) for the estate if required and file final income tax and estate tax returns if applicable.
Obtain signed release forms from children after they receive distributions to reduce the risk of later claims.
Consider hiring a probate attorney when estate value, family conflict, or legal complexity is significant.

Where to find Arkansas statutory guidance

Arkansas’s laws governing probate, administration, and intestate succession appear in the Arkansas Code under Title 28 (Probate). For the latest statutory language and specific sections on administration, accounting, distribution, and guardianship of minors, consult the Arkansas Code via the Arkansas General Assembly website: https://www.arkleg.state.ar.us/ArkansasCode/Title/28.

For court-specific procedures and forms, contact the probate clerk at the county court where the estate is being administered or visit the Arkansas Judiciary site at https://www.arcourts.gov.

Next steps: If you are a personal representative, gather the estate records, prepare the final accounting, and consult the local probate court or an Arkansas probate attorney to confirm the exact filings and forms the court requires for final distribution and discharge.

Again, this is informational only and not legal advice. Consult a licensed Arkansas attorney about your situation.