Short answer

If the decedent died in Arkansas without a will, you file a petition for appointment with the probate (circuit) court in the county where the decedent lived. The court follows Arkansas intestacy priorities to decide who may be appointed. If you are entitled under those priorities (for example, if there is no surviving spouse or children with higher priority), the court can issue letters of administration after required notices and any bond or oath are completed.

Detailed answer — step by step

1. Confirm intestacy and identify likely higher-priority relatives

First, be certain the decedent left no valid will. If there is a will, it usually names an executor; the court typically admits that will and follows its terms. If no will exists, Arkansas intestacy rules (found in the Arkansas Code, Title 28 — Wills and Decedents’ Estates) govern who inherits and who has priority for appointment. Typical priority order places a surviving spouse and descendants (children) ahead of siblings. If there is no surviving spouse, no surviving descendants, and no surviving parents, siblings may have priority. See Arkansas Code Title 28 for the intestacy rules: Arkansas Code (official site).

2. Choose the proper court and file a petition

File a petition for appointment of an administrator in the circuit court (probate jurisdiction) of the county where the decedent lived when they died. The petition typically asks the court to appoint you as personal representative and to issue letters of administration. The court clerk will provide required forms or requirements for your county.

3. Gather documents and information you’ll need

• Certified copy of the decedent’s death certificate.
• Names and addresses of known heirs and next of kin.
• Information about the decedent’s assets and debts (bank accounts, real estate, vehicles, safe-deposit boxes, insurance policies, etc.).
• Any known creditor claim information or pending lawsuits involving the decedent.

4. Serve notice and give creditors required notice

After you file, Arkansas law requires notification to interested persons (heirs, beneficiaries) and to creditors. The court or clerk will explain how notices must be published and how creditor claims are made. Timelines for creditor claims and publication vary — comply with the court’s directions and applicable Arkansas statutes to preserve rights and limit personal liability.

5. Bond, oath, and issuance of letters

The court usually requires the personal representative to take an oath and post a bond (insurance to protect the estate against mismanagement). In some situations, beneficiaries or heirs may be permitted to waive bond. After the court approves the petition, oath, and bond, the clerk issues “letters of administration” (also called letters testamentary or letters of personal representative), which legally authorize you to act for the estate.

6. Administer the estate

Once appointed, your duties include locating and securing assets, notifying known creditors, paying valid debts and taxes from estate funds, preparing inventory and accounting for the court, and distributing remaining assets to heirs according to Arkansas intestacy law. The court supervises this process and may require periodic reports or a final accounting.

7. What if someone contests your appointment?

An interested person with a higher priority (for example, a surviving spouse or child) can object. If there is a conflict over who has priority, the court will resolve it. Be prepared to present evidence of relationships (birth certificates, marriage certificates, death certificates) and other supporting documents. If the matter becomes contested, consider consulting an attorney experienced in Arkansas probate law.

8. What if the estate is small?

Arkansas provides procedures for small estates that simplify administration (for example, small estate affidavits or abbreviated probate), depending on asset value and types of property. These procedures can let heirs collect certain assets without full probate, but they have strict requirements and limits. Ask the clerk whether a small estate procedure applies.

9. What if no one applies to be administrator?

If no appropriate family member applies, a creditor, public administrator, or other qualified person may be appointed. The court may appoint a suitable administrator to preserve estate property and handle creditor claims and distributions.

Key Arkansas legal references

Primary probate and intestacy law appears in Arkansas statutory law governing wills, intestate succession, and fiduciaries (see Arkansas Code, Title 28 — Wills and Decedents’ Estates). For statutes and official text consult the Arkansas General Assembly code site: https://www.arkleg.state.ar.us/. For court-specific probate procedure and forms, check the Arkansas Judiciary site: https://www.arcourts.gov/.

Helpful Hints

• Contact the circuit court clerk in the county where the decedent lived early — clerks can provide local forms and explain filing fees, bond amounts, and notice requirements.
• Collect and keep original documents (death certificate, asset statements, titles). Create a simple inventory and record of actions you take.
• Ask heirs and potential beneficiaries to sign waivers when appropriate to speed appointment and possibly avoid bond requirements.
• Be careful with joint accounts and beneficiary-designated assets — those often pass outside probate and do not require administration for those items.
• If the estate might be complex (real estate, business interests, significant debts, disputes among heirs), consult a probate attorney to avoid personal liability and ensure proper procedure.
• Watch statute-of-limitations and creditor-claim deadlines. Missing required notices or deadlines can expose you to claims or liability.
• If the estate is small, ask about simplified or small-estate procedures that can save time and expense.