What to do in Arkansas if your sibling died without a will and owned a house

Short answer: In Arkansas you will usually open a probate administration in the county probate court where the decedent lived or where the real property sits. The court appoints an administrator (if there is no executor), the estate’s assets (including the house) are inventoried and creditor claims are handled, and then the court authorizes distribution to heirs under Arkansas’s intestacy rules. This article explains the common steps, what documents you’ll need, and where to find Arkansas statutes and court resources.

Disclaimer

This is general information only and is not legal advice. I am not a lawyer. Use this to understand the process and to prepare questions for a licensed Arkansas attorney or the local probate court.

Detailed answer — step‑by‑step under Arkansas law

1. Confirm the facts and immediately gather basic documents

Before you file anything, collect what you can:

Official certified death certificate(s).
The deed to the house and any mortgage or lien information (mortgage statements, tax bills, recorded liens).
Bank statements, account numbers, vehicle titles, life insurance policies, and recent mail that shows assets or creditors.
Any documentation that could be a will (original will or copies) and contact information for likely heirs (parents, spouse, children, siblings).

2. Determine whether a simple (small‑estate) process applies

Some states allow a streamlined procedure for low‑value estates or for certain personal property. Arkansas has simplified procedures and summary administration options for smaller estates or when specific statutory requirements are met. Whether you can avoid full probate depends on the value and type of the assets and whether title passes automatically to someone else (for example, joint tenancy or beneficiary designations). Check the local probate court for small‑estate forms and eligibility. For statutory text and more detail, consult the Arkansas Code on decedents’ estates via the Arkansas legislature website: https://www.arkleg.state.ar.us/.

3. If full probate is required: file a petition for administration

To open an intestate estate (no will), a family member or other interested person files a petition for appointment of an administrator in the county probate court where the decedent lived or where the real property is located. The petition asks the court to appoint an administrator to manage the estate and to issue letters of administration (court authorization to act). The court will notify potential heirs and creditors as required by Arkansas law.

4. The court appoints an administrator and issues letters

Once the court appoints an administrator, that person receives letters of administration and has authority to collect assets, manage property (including the house), pay bills and taxes, and defend the estate in court. If multiple people seek appointment, the court follows priority rules in the statutes and may hold a hearing. See general probate procedure and administration rules at the Arkansas courts site: https://www.arcourts.gov/.

5. Inventory, notice to creditors, and resolving debts

The administrator must prepare an inventory of the estate and generally must advertise or send notice to known creditors so claims can be filed. Mortgages and property taxes remain attached to the house; the mortgage lender can enforce its lien unless the estate pays it, the loan is assumed, or the court approves another resolution. The administrator should confirm whether insurance covers outstanding debts and whether any secured creditors can foreclose.

6. Selling or transferring the house

Options for the house include:

Keeping the house in the estate while the administrator seeks a buyer or arranges for distribution to heirs.
Selling the house during administration — sales typically require court approval or compliance with statutory procedures for administrator sales.
Transferring title to heirs after debts are resolved and the court authorizes distribution under Arkansas intestacy rules.

Any conveyance should be recorded in the county where the property sits. If title is disputed or there are unknown heirs, a quiet title action or additional court proceedings may be necessary.

7. Distribution under Arkansas intestacy rules

If there is no will, Arkansas Code governs who inherits. Generally, the estate assets go to closest relatives (spouse and descendants have priority; if none, then parents, siblings, or their descendants). The precise distribution depends on which relatives survive the decedent. See Arkansas statutes on intestate succession in the Arkansas Code (Title 28 – Decedents’ Estates) for exact rules: https://www.arkleg.state.ar.us/.

8. Final accounting and closing the estate

The administrator prepares a final accounting showing receipts, payments, and proposed distributions. After the court approves the accounting and distribution plan, the administrator distributes the remaining assets and files a petition to close the estate.

Documents you will likely need for the probate filing

Certified death certificate.
Petition for appointment of administrator (local court form or filing).
Deed to the property and copies of recorded mortgages or liens.
List of heirs with contact information and their relationship to the decedent.
Bank and financial account statements; account numbers for insurance and retirement plans.
Copies of bills, funeral invoices, and any creditor statements.

Practical issues and common complications

Joint ownership or beneficiary designations: If the house was owned in joint tenancy with right of survivorship or held in a trust, it may pass outside probate.
Mortgages and tax liens: These remain attached to the real property and must be addressed before a clean transfer to heirs.
Missing heirs or disputes: If heirs cannot be located or if heirs disagree, the probate process can become longer and may require additional court actions.
Creditor claims: The estate must follow Arkansas rules for notice to creditors and resolving valid claims before distribution.

Helpful hints

Contact the county probate court clerk early — clerks can explain local filing requirements and forms.
Get several certified copies of the death certificate; the court, banks, and title companies will require them.
Do a title search before transferring or selling the house to identify outstanding liens or problems with title.
Keep meticulous records of all estate receipts and payments; the court will require an accounting.
Consider a title company or real estate attorney if you plan to sell the house during probate; they handle closing and payoff of liens.
If the estate looks complicated (large debts, unclear heirs, potential disputes), consult a licensed Arkansas probate attorney to avoid costly mistakes.
Use official Arkansas resources for statutes and court procedures: Arkansas General Assembly (Arkansas Code) at https://www.arkleg.state.ar.us/ and Arkansas Courts at https://www.arcourts.gov/.

When to hire an attorney

Consider hiring a probate attorney if any of the following apply: there is high-value real estate, a mortgage or complex debts, disputed heirship, potential claims from creditors, tax issues, or if you are unsure how to identify legal heirs. An attorney can prepare filings, represent the estate in court, and help negotiate with creditors or buyers.

If you need help finding an Arkansas probate attorney, contact the county bar association or the Arkansas Bar Association’s referral service.

Again: this information is educational only and not legal advice. Consult a licensed Arkansas attorney for guidance tailored to your situation.