What Happens When Someone Dies Without a Will in Arkansas?

Losing a loved one is already difficult. When someone passes away without a will, families are often left with questions about who gets what and who is in charge of their estate.

In Arkansas, dying without a valid will is called dying “intestate.” When this happens, Arkansas inheritance law determines who receives the deceased person’s property and assets.

Without a will, families may face uncertainty and confusion about inheritance rights, or disputes over property and estate management. A properly drafted and executed (signed) will determines who gets your property after you die and who is in charge of your estate. An experienced Arkansas estate planning attorney can ensure that the will is correctly drafted and that all the signing requirements are met.

Who Inherits the Estate in Arkansas?

Under Arkansas inheritance law, the court follows a specific order to determine who inherits assets when there is no Last Will and Testament.

This may include:

• Children

• A surviving spouse

• Parents

• Siblings

• Other more distant relatives

Who inherits, and how much they receive depends on the family situation and the type of property involved.

Does the Estate Still Go Through Probate Court in Arkansas?

Yes. If the decedent (person who died) had property just in their name, even if they had a will, it still has to be probated. Probate court in Arkansas oversees the process of identifying assets, paying debts, and distributing property. If there is no will, a qualified family member of the decedent will be appointed as administrator to handle the Arkansas estate administration process. The administrator will work closely with the attorney handling the probate to make sure assets are collected, valid debts are paid, and property is distributed to the decedent’s heirs. 

What Happens to Real Estate?

If you have a will or if you do not, real estate may still need to pass through probate court in Arkansas before it can be transferred or sold. Whether real property has to go through probate depends on how the property is titled (owned). If the property was owned solely by the person who died at the time of their death, it will likely have to be probated. 

How an Arkansas Probate Attorney Can Help

An Arkansas probate attorney can help families navigate probate court in Arkansas, handle estate administration, file required paperwork, and resolve disputes during a difficult time.

We at ARlaw Partners help Arkansas families through the probate process with clarity and compassion. If you have questions about probate or Arkansas estate administration, or if you need help drafting a will, feel free to contact our team to discuss your situation.