FAQ: Transferring Real Property When a Parent Dies Without a Will in Arkansas

Short answer: If a parent dies without a will (intestate) in Arkansas, you generally must open a probate administration (or use a small‑estate procedure if eligible), establish the heirs, obtain authority from the probate court (letters of administration), and then use the court’s orders or the administrator’s authority to clear title and record a new deed in the heirs’ names. The exact steps depend on how the decedent owned the property, whether a surviving spouse exists, whether there is mortgage debt, and whether the estate qualifies for an expedited small‑estate process.

Disclaimer: I am not a lawyer. This is general information, not legal advice. For guidance tailored to your situation, consult a licensed Arkansas attorney or the probate clerk in the county where the decedent lived.

Overview: How Arkansas law treats property when someone dies without a will

When a person dies intestate (without a valid will), Arkansas’s probate law and intestacy rules determine who inherits. The probate court supervises collecting the decedent’s assets, paying debts and taxes, and distributing what remains to the heirs. See the Arkansas statutes and probate court resources at the Arkansas General Assembly website (https://www.arkleg.state.ar.us/) and Arkansas Courts (https://www.arcourts.gov/) for official guidance.

Step‑by‑step: Practical actions to get the house into you and your siblings’ names

Locate key documents and verify ownership. Find the decedent’s deed, mortgage paperwork, and title insurance if any. Check the county recorder/registrar of deeds where the property lies to confirm how title is held (sole owner, joint tenants, tenancy in common, or with a beneficiary designation if any). If the title already names a co‑owner with right of survivorship, that co‑owner may automatically own the property at death.
Obtain certified copies of the death certificate. You usually need multiple certified death certificates for the probate court, the county recorder, banks, and creditors.
Determine the heirs under Arkansas intestacy rules. Common intestacy distributions: if the decedent is survived by a spouse and children, the estate typically goes to them in prescribed shares; if no spouse, children inherit; if no descendants, parents and then siblings may inherit. Because distribution order matters, identify all potential heirs early and gather their contact information and birth records if necessary.
Decide whether a formal probate administration or a small‑estate procedure applies. – Formal probate (administration) is necessary when the real property is titled only in the decedent’s name or when the estate has significant assets or debts. The probate court appoints an administrator, who receives letters of administration, lists assets, pays debts, and petitions the court to distribute property and issue orders that allow recording a new deed.
– Arkansas also provides simplified or small‑estate procedures for estates under certain value thresholds (check the probate clerk or statutes for current limits). If eligible, heirs may be able to transfer certain property without full administration. Contact the county probate or circuit clerk for local procedures.
File for appointment of an administrator (if formal probate is required). File a petition for administration in the circuit court in the county where the decedent lived. The court will appoint an administrator (often a close family member) and issue letters of administration. The administrator then has authority to manage estate affairs, including addressing title transfer.
Handle debts, taxes, and liens before transfer. The administrator must identify creditors and pay valid claims from estate assets before distribution. Mortgage lenders or tax liens may need payoff or agreement before the deed can be transferred free and clear. If property is the sole asset, the court can supervise sale or transfer subject to creditor rights.
Obtain a court order or use administrator authority to transfer the property. After debts are handled and the court approves distribution, the probate court issues an order or decree of distribution. The administrator (or heirs, following the order) can prepare a new deed transferring the property into the heirs’ names. Record that deed with the county recorder/registrar to update title.
If heirs cannot agree or title is unclear, consider a partition or quiet‑title action. If co‑heirs disagree about selling vs. keeping the property, any co‑owner may file a partition action in circuit court to force sale or divide the land. If a cloud on title exists (e.g., an old deed or claim), a quiet‑title action can clear it.

Common scenarios explained

Parent owned the house solely in their name

Probate administration is usually required. The administrator will follow the intestacy rules, and the court will issue an order transferring the property to the heirs (for example, the children and/or surviving spouse). After the court order, record a deed to place title in the heirs’ names.

Parent held title jointly with another person (survivorship)

If title was held as joint tenants with right of survivorship, the surviving joint owner usually becomes sole owner automatically; probate to transfer the decedent’s share may not be needed. Check the deed language and county records.

There is a mortgage or other lien on the house

Mortgages survive death. The lender may expect payments; the estate may need to continue payments or the property might be sold to pay the mortgage. The administrator can negotiate with the lender or obtain sale authority from the court.

Small‑estate situation

If Arkansas law allows a small‑estate affidavit or expedited transfer for estates under a statutory dollar limit, heirs may use that process instead of full probate. Rules and dollar limits change, so check with the county probate or circuit clerk or official statutes on the Arkansas General Assembly site (https://www.arkleg.state.ar.us/) for current thresholds and forms.

Documents and information you will need

Certified death certificate(s).
Original deed and current deed-recording information (from county recorder).
Mortgage statements, tax bills, and other lien information.
List of known heirs and their contact info (birth certificates, marriage/divorce records as needed).
Bank account statements and other asset records.
Any prior estate planning documents you can find (even unsuccessful wills or unsigned drafts).

Timeline and costs (what to expect)

Probate can take several months to over a year depending on the estate complexity, creditor claims, and whether disputes arise. Expect court filing fees, possible attorney fees, appraisal costs for real property, and recording fees to transfer title. Small‑estate procedures are faster and cheaper when available.

When to consult an Arkansas attorney

Speak with a probate or real estate attorney if:

Heirs disagree about distribution or sale of the house.
The title is unclear, or there are conflicting claims.
The estate has significant debts, tax issues, or a mortgage that may lead to foreclosure.
You need help preparing petitions, notices to creditors, or court documents.

A local attorney can tell you whether a small‑estate transfer is available and can prepare or review the deed and closing documents for recording.

Useful Arkansas resources

Arkansas General Assembly — main site for the Arkansas Code and statutes: https://www.arkleg.state.ar.us/. Search Title 28 (Wills, Trusts, and Administration of Estates) for intestacy and probate rules.
Arkansas Courts — information about courts and probate resources: https://www.arcourts.gov/.
County Circuit Clerk or Recorder/Registrar of Deeds — contact the clerk in the county where the decedent lived or the property is located for local forms, filing fees, and procedures.

Helpful Hints

Start by pulling the deed at the county recorder’s office or online. How title is held determines whether probate is necessary.
Get several certified death certificates immediately; agencies and the court often require originals.
If multiple siblings inherit, decide early whether you want joint ownership or to sell and split proceeds. A written agreement helps avoid disputes.
Ask the county circuit clerk if a small‑estate affidavit or simplified transfer is possible before filing full probate.
Keep a clear paper trail: copies of filings, receipts for estate expenses, notices to creditors, and any communications with lenders.
Record the new deed promptly after probate or court order — otherwise clouds on title can cause problems when selling or refinancing.
Consider a short consult with a probate attorney to review the situation and options; some attorneys offer flat‑fee estate intake or limited-scope services.

Final note: This article provides a practical roadmap for transferring a parent’s house in Arkansas after a death without a will. Probate procedures and forms vary by county and change over time. For binding legal advice, contact a licensed Arkansas attorney or your local circuit clerk.