Disclaimer: This is general information and not legal advice. I am not a lawyer. For guidance about your specific situation, contact a licensed Arkansas attorney or the local probate court.

Detailed answer: How the probate process works from out of state

If your sibling died owning property or accounts located in Arkansas, you can begin probate in Arkansas even if you live in another state. Probate in Arkansas generally takes place in the county where the decedent lived at the time of death or where real property owned by the decedent is located. The basic steps you should expect are:

1. Confirm where to file (venue).

   Arkansas probate proceedings are filed in the local circuit court’s probate docket for the county that was the decedent’s legal residence when they died, or in the county where real estate is located. If you are unsure which county applies, start by contacting the circuit court clerk in the county where your sibling lived or owned land; the clerk can confirm the proper venue and filing office. For general court information see the Arkansas Judiciary site: https://www.arcourts.gov/.

2. Locate the original will (if there is one).

   If your sibling left a will, the personal representative named in the will is usually given priority to serve. If no will exists, Arkansas’s intestacy rules determine who may be appointed. If the will is held by a bank, attorney, or in a safe-deposit box, notify them promptly so the original can be retrieved for filing.

3. Gather required documents.

   Typical documents you will need to file include the certified death certificate, the original will (if any), a list of major assets and known creditors, and a petition to open probate and appoint a personal representative or administrator. The circuit court clerk in the appropriate county can provide local filing instructions and required forms.

4. File a petition to open probate and ask for appointment.

   You (or another interested person) will file a petition with the county probate/circuit court to open the estate and request appointment as the personal representative (or ask that the person named in the will be appointed). The court will review whether the petitioner has priority to serve and whether the petition is in proper form.

5. Qualification, bond, and nonresident considerations.

   Arkansas courts require appointed representatives to “qualify” by taking an oath and, where required, posting a bond. Some counties or situations may require a resident agent or local address for service if the appointed personal representative lives out of state. A local attorney can tell you whether the court in the county where you are filing commonly requires a co-representative, resident agent, or a higher bond for nonresidents.

6. Notice to heirs and creditors; administering the estate.

   After appointment, the court will usually require notice to heirs and creditors and may require filing an inventory and periodic accounting depending on the type of probate (testate/intestate or summary procedures). The personal representative will collect assets, pay valid debts and taxes, and distribute remaining property according to the will or state law.

7. Closing the estate.

   When administration is complete, the representative files a final report with the court and asks the court to discharge the representative and close the estate.

Practical issues when you live out of state

Handling the process from another state is common. Here are practical matters to plan for:

• If you must appear in court in person, ask the clerk whether the court accepts remote appearances or whether an Arkansas attorney can appear for you.
• Arrange for original documents (will, death certificate) to be sent or filed. Certified death certificates are usually required.
• Expect to work with a local attorney for filings, bond arrangements, and dealing with Arkansas-registered assets (real estate, Arkansas bank accounts, vehicles titled in Arkansas).
• If an estate is small or the assets are nonprobate (joint accounts, beneficiary-designated accounts, probate may be unnecessary), ask the clerk or an attorney whether summary procedures or affidavits can transfer property without full probate.

Where to find Arkansas laws and forms

State statutes and local rules that govern probate are available from the Arkansas General Assembly and the Arkansas Judiciary:

• Arkansas General Assembly (to look up statutes that govern wills, estates, and probate procedures): https://www.arkleg.state.ar.us/
• Arkansas Judiciary (court information, local clerk contacts, and some forms): https://www.arcourts.gov/

When to hire an Arkansas attorney

Consider hiring a local Arkansas attorney if any of the following apply:

• The estate includes Arkansas real property.
• There is no clear will or there is a will contest.
• There are likely creditor claims, complex taxes, or business interests.
• You cannot travel but the court expects in-person appearances or complex filings.
• You want someone to prepare documents, attend hearings, and communicate with the probate court on your behalf.

Helpful hints

• Start by calling the circuit court clerk in the decedent’s county of residence. Clerks often provide basic guidance and local forms.
• Obtain multiple certified copies of the death certificate early—banks and government agencies usually require originals or certified copies.
• Find and secure the original will quickly; do not destroy or alter it.
• Make an inventory of known assets (bank accounts, retirement accounts, real estate, vehicles). Note whether accounts have named beneficiaries or are jointly owned; those may pass outside probate.
• If you are appointed personal representative from out of state, ask whether the court requires a resident agent or co-representative and whether you must post bond.
• Keep detailed records of estate expenses, distributions, and communications—these are often required by the court and protect you as a representative.
• Ask about simplified or small-estate procedures if the estate’s probate assets are limited; this can save time and money.
• When in doubt, hire an Arkansas probate attorney for a short consult to confirm the correct county, forms needed, and whether you can proceed remotely.