Table of Contents

What Happens If Someone Dies Without a Will in Arkansas?
When someone passes away without a valid will in Arkansas, their estate does not automatically go to their closest relatives. Instead, the estate must go through probate, where the court determines who inherits assets based on Arkansas intestate succession laws.
Probate without a will (also called intestate probate) can be more complicated than when a valid will exists. Since no written instructions specify who should receive the deceased’s property, the state of Arkansas decides who inherits, following a legal order of priority.
If you’re an heir of someone who died without a will in Arkansas, understanding who inherits, how probate works, and what steps to take can help you navigate the process more effectively.
Arkansas Intestate Succession Laws: Who Inherits When There’s No Will?
When a person dies without a will in Arkansas, their estate is distributed according to intestate succession laws. These laws determine who inherits property based on a legal hierarchy of surviving relatives. If the deceased owned a home, heirs must decide whether to keep it, rent it, or sell it. If you’ve inherited a home and need guidance on the next steps, check out our comprehensive guide on selling inherited property in Arkansas.
How Intestate Succession Works in Arkansas
Arkansas law follows a structured order to distribute assets when no will exists. The estate is first used to pay debts, taxes, and legal fees, and any remaining property is distributed to heirs in the following order:
- Spouse and Children
- If the deceased was married and had children, the estate is divided between the spouse and children.
- The spouse receives one-third of the estate, and the children split the remaining two-thirds.
- Spouse Only (No Children)
- If the deceased had no children, the spouse may inherit the entire estate, depending on how long they were married.
- If they were married less than three years, the spouse only receives half of the estate, and the rest goes to the deceased’s parents or siblings.
- If they were married three years or more, the spouse inherits everything.
- Children Only (No Spouse)
- If there is no surviving spouse, the children inherit everything, divided equally among them.
- Parents (If No Spouse or Children Exist)
- If the deceased had no spouse or children, the entire estate goes to the parents.
- Siblings (If No Spouse, Children, or Parents Exist)
- If the deceased had no surviving spouse, children, or parents, the estate is divided equally among siblings.
- Extended Family (If No Immediate Family Exists)
- If no spouse, children, parents, or siblings survive, the estate may pass to nieces, nephews, grandparents, aunts, uncles, or cousins.
- If No Heirs Exist – The Estate Goes to the State
- If no legal heirs can be found, the estate escheats to the state of Arkansas, meaning the government takes ownership of all assets.
Special Cases in Arkansas Intestate Succession
- Adopted Children: Treated the same as biological children in inheritance.
- Children Born Outside of Marriage: Can inherit from a father if paternity is legally established.
- Stepchildren & Foster Children: Do not inherit unless legally adopted.
- Half-Siblings: Inherit the same share as full siblings.
Understanding intestate succession laws is important for heirs who need to claim their inheritance or resolve disputes. The next section explains how probate works when there is no will and what heirs must do to receive their share of the estate.
How Probate Works Without a Will in Arkansas
When someone dies without a will in Arkansas, their estate must go through intestate probate, a court-supervised process where assets are distributed according to Arkansas intestate succession laws. Since there is no designated executor, the court appoints an estate administrator to handle legal and financial matters.
Who Can Be Appointed as the Estate Administrator?
Because there is no will to name an executor, the court appoints an administrator to manage the estate. The priority order for appointment typically follows:
- Surviving spouse
- Adult children
- Parents
- Siblings
- Other close relatives
- A neutral third party (if no family member is willing or eligible)
The administrator has similar responsibilities to an executor but must follow court oversight throughout the probate process.
Steps in the Probate Process for Intestate Estates in Arkansas
- Filing a Petition for Probate
- An interested party (usually a close relative) must file a petition in the Arkansas probate court where the deceased lived.
- The court officially opens probate and appoints an administrator to handle the estate.
- Inventorying the Estate Assets
- The administrator must identify and list all assets, including real estate, bank accounts, personal belongings, and investments.
- Any jointly owned assets or accounts with named beneficiaries pass directly to the co-owner or designated beneficiary and do not go through probate.
- Notifying Creditors & Settling Debts
- The administrator must notify all known creditors and publish a legal notice in a local newspaper to allow unknown creditors to come forward.
- Creditors typically have six months to file claims against the estate.
- Debts, including medical bills, loans, and taxes, must be paid before heirs receive any inheritance.
- Distributing Assets to Heirs
- Once debts are settled, the remaining assets are distributed based on Arkansas intestate succession laws.
- If disputes arise among heirs, the court may need to resolve them before distribution can proceed.
- Closing the Estate
- The administrator submits a final accounting report to the court, detailing how the estate was handled.
- If the court approves, probate is officially closed, and heirs receive their inheritance.
How Long Does Probate Take Without a Will in Arkansas?
Probate for intestate estates typically takes 6 to 12 months, but it can take longer if:
- There are disputes among heirs.
- Creditors file multiple claims.
- The estate includes complex assets (such as real estate or businesses).
Since probate without a will often takes longer and involves more court oversight, many families consider estate planning options to avoid these complications in the future. The next section explores common problems that arise during intestate probate and how to handle them.
Common Problems & Delays in Probate Without a Will
When a person dies without a will in Arkansas, probate can become more complicated due to family disputes, creditor claims, and legal uncertainties. Without clear instructions on how the estate should be divided, the court must determine inheritance based on Arkansas intestate succession laws, which can lead to delays, disagreements, and financial burdens for heirs.
Below are some of the most common problems that arise when handling intestate probate in Arkansas and how to address them.
1. Family Disputes Over Inheritance
Why It Happens:
- Without a will, relatives may disagree on who should inherit specific assets.
- Multiple heirs may want the same property, such as a family home, but Arkansas law dictates a specific division of assets that not all heirs may agree with.
- Estranged family members or unknown heirs may come forward to claim inheritance.
How to Handle It:
- If heirs cannot reach an agreement, the probate court may force the sale of assets and distribute the proceeds.
- Mediation or legal assistance may help resolve disputes before they escalate into lawsuits.
- If an heir believes the administrator is acting unfairly, they can petition the court to review or remove them.
2. Unclaimed Property & Difficulty Finding Heirs
Why It Happens:
- The deceased may not have had close relatives, and distant family members must be located.
- Heirs may have moved, changed names, or passed away, making it hard to verify legal claims.
- If no heirs can be found, the estate may be taken by the state of Arkansas through a legal process called escheatment.
How to Handle It:
- The court may require an investigation or genealogical search to locate missing heirs.
- If no heirs are found after a thorough search, the state takes ownership of the estate.
- Hiring an estate attorney can help track down distant relatives who may be entitled to inheritance.
3. Creditor Claims Against the Estate
Why It Happens:
- Creditors have six months from the date of public notice to file claims for unpaid debts.
- If an administrator fails to notify creditors properly, claims could arise later, delaying probate.
- Some claims may be invalid or fraudulent, requiring legal review.
How to Handle It:
- The administrator should publish a legal notice in a local newspaper to notify potential creditors.
- Any legitimate debts (medical bills, personal loans, taxes) must be paid before distributing assets to heirs.
- If creditors dispute payments or make fraudulent claims, the court may need to intervene.
4. Challenges With Selling Estate Property
Why It Happens:
- The deceased’s real estate may need to be sold to pay debts, taxes, or distribute inheritance.
- If multiple heirs inherit the property, they must agree on whether to sell or keep it.
- Some heirs may be emotionally attached to the home and refuse to sell, causing disputes.
How to Handle It:
- If the heirs cannot agree, the court may order a partition sale, forcing the sale and dividing the proceeds.
- The administrator should get the property appraised and consult a probate real estate expert to ensure a fair market sale.
- Heirs may buy out other beneficiaries if they wish to keep the property.
5. Lengthy Probate Process & Unexpected Legal Costs
Why It Happens:
- Probate without a will requires more court oversight, leading to delays.
- Filing fees, attorney fees, and executor costs add up quickly.
- If disputes arise, legal battles can significantly extend probate.
How to Handle It:
- Heirs should be patient and prepared for the process to take 6 to 12 months or longer.
- If possible, the family may agree on an informal resolution to minimize legal fees.
- In some cases, heirs can petition the court for a simplified probate process if the estate qualifies under Arkansas’s Small Estate Affidavit rules.
Final Thoughts on Probate Delays Without a Will
Intestate probate in Arkansas can be complex and time-consuming, especially when heirs disagree or creditors file claims. While the probate process ensures that assets are distributed fairly under state law, it often takes longer than when a valid will is in place.
The best way to avoid probate complications is through proper estate planning, which will be discussed in the next section.
How to Avoid Intestate Probate in Arkansas
Probate without a will can be a long and complicated process, often leading to disputes, delays, and unexpected legal costs. The best way to prevent these challenges is through proper estate planning, which ensures assets are distributed according to the individual’s wishes rather than Arkansas’s intestate succession laws.
Below are several strategies to avoid intestate probate and ensure a smoother transfer of assets to heirs.
1. Create a Legally Valid Will
A valid will is the simplest way to control how assets are distributed and avoid state-determined inheritance laws.
- Benefits:
- Clearly designates who inherits what rather than relying on the state’s intestate succession laws.
- Allows the individual to name an executor instead of the court appointing an administrator.
- Can include instructions for minor children, real estate, and personal property.
- How to Do It:
- The will must be written, signed, and witnessed according to Arkansas law.
- It should be updated regularly to reflect major life changes (marriage, divorce, new children, etc.).
2. Use a Living Trust to Bypass Probate
A revocable living trust allows an individual to transfer assets into a trust while still alive, naming beneficiaries who will receive them after death.
- Benefits:
- Avoids probate entirely—assets in the trust transfer automatically to beneficiaries.
- Provides more privacy than probate since trusts are not public records.
- Can include conditions for inheritance, such as age restrictions for children.
- How to Do It:
- Create a trust document and name a trustee to manage the assets.
- Transfer property, bank accounts, and investments into the trust.
3. Establish Joint Ownership for Property
Property that is owned jointly with rights of survivorship automatically passes to the surviving owner without probate.
- Common Forms of Joint Ownership in Arkansas:
- Joint Tenancy with Right of Survivorship – If one owner dies, the other automatically inherits the property.
- Tenancy by the Entirety – Available only to married couples, providing automatic transfer of property.
- How to Do It:
- Ensure that real estate titles and financial accounts include a joint ownership designation.
4. Use Transfer-on-Death (TOD) & Payable-on-Death (POD) Designations
Certain financial assets can bypass probate by naming a beneficiary who will inherit them directly.
- Transfer-on-Death (TOD) Deeds for Real Estate
- Allows a property owner to name a beneficiary who inherits the real estate upon their death.
- Avoids probate while keeping full control of the property during life.
- Payable-on-Death (POD) Beneficiaries for Bank Accounts
- Allows individuals to designate a beneficiary for checking, savings, and investment accounts.
- Funds transfer immediately upon death without going through probate.
5. Qualify for Arkansas’s Small Estate Affidavit Process
If an estate is valued under $100,000 (excluding real estate and liens), heirs may be able to bypass formal probate by using a Small Estate Affidavit.
- Benefits:
- Faster and simpler than traditional probate.
- Can be used to transfer personal property, vehicles, and financial assets.
- How to Do It:
- Wait at least 45 days after death before filing.
- Submit a Small Estate Affidavit to the Arkansas probate court.
6. Keep Beneficiary Designations Updated
Many assets, such as life insurance policies, retirement accounts, and annuities, allow owners to name beneficiaries directly.
- Benefits:
- These assets transfer automatically to the designated beneficiaries.
- They do not have to go through probate.
- How to Do It:
- Regularly review and update life insurance policies, retirement accounts (401k, IRA), and annuities to ensure they align with current wishes.
Why Avoiding Intestate Probate Matters
Without proper estate planning, assets may not go to the intended heirs, and families could face:
- Costly probate court proceedings
- Delays in inheritance distribution
- Legal disputes among heirs
Taking proactive steps to create a will, trust, or transfer-on-death designations can help protect assets and ensure they pass to loved ones without unnecessary legal hurdles.
Conclusion & Next Steps
Dying without a will in Arkansas means the state—not the deceased—decides how assets are distributed. Intestate probate follows a strict legal order, often leading to family disputes, delays, and unexpected legal costs. While the probate process ensures that debts are settled and assets are properly distributed, it can be time-consuming and complicated, especially when no will exists to provide clear instructions.
To avoid the challenges of intestate probate, individuals can take proactive estate planning steps, such as:
- Creating a legally valid will to control how assets are distributed.
- Using living trusts, joint ownership, and transfer-on-death deeds to bypass probate.
- Keeping beneficiary designations up to date for financial accounts and insurance policies.
- Considering Arkansas’s Small Estate Affidavit process for estates under $100,000.
Need Help With Probate in Arkansas?
If you are dealing with intestate probate or need guidance on how to handle estate matters, seeking legal or professional assistance can help streamline the process and avoid common pitfalls.
👉 For a complete breakdown of Arkansas probate laws, check out our Arkansas Probate Guide.