Arkansas Probate Administration: Step-by-Step Process

Posted: January 9, 2026

When a loved one passes away owning assets in their name alone, probate administration may be required to legally transfer property, pay debts, and distribute inheritances. Probate in Arkansas is handled through the probate division of the circuit court and is usually overseen by a personal representative—also called an executor (if there is a will) or administrator (if there is no will).

This page explains the probate administration process in Arkansas, including key steps, typical timelines, and common issues families face.

What Is Probate Administration in Arkansas?

Probate administration is the court-supervised process of:

Appointing a personal representative
Identifying and valuing estate assets
Notifying creditors and addressing claims
Paying valid debts and taxes
Distributing remaining assets to heirs or beneficiaries
Closing the estate

Do All Estates in Arkansas Require Probate?

Not necessarily. Some assets transfer automatically and may avoid probate, including:

Property held in a trust
Jointly owned accounts with rights of survivorship
Life insurance payable to a named beneficiary
Retirement accounts with designated beneficiaries

Arkansas also allows certain estates to be collected using a Small Estate Affidavit under specific conditions, rather than full probate administration.

Because probate requirements depend heavily on asset types and how property is titled, an attorney can usually determine quickly whether probate is required—and whether a simplified option is available.

The Arkansas Probate Administration Process (Step-by-Step)

Step 1: File the Petition to Open Probate

Probate typically begins by filing a petition in the circuit court (probate division) in the county where the decedent lived. The petition generally requests:

Probate of the will (if one exists)
Appointment of a personal representative
Issuance of letters authorizing the representative to act for the estate

Common documents needed:

Original will (if applicable)
Certified death certificate
List of heirs/beneficiaries
Preliminary asset information
Preliminary debt information

Step 2: Appointment of the Personal Representative and Issuance of Letters

Once the court approves the petition and the personal representative qualifies, the court issues:

Letters Testamentary (if there is a will), or
Letters of Administration (if there is no will)

These letters allow the representative to access accounts, manage property, and act on behalf of the estate.

Step 3: Provide Required Notices (Heirs and Creditors)

After appointment, the personal representative must give required notices. One of the most important is giving proper notice to all known creditors, and publishing notice of the probate administration, which triggers deadlines for claims.

Arkansas law imposes strict time limits on when creditor claims must be presented, and these time limits are tied to required notices. If notice is handled incorrectly, the estate may remain exposed to creditor claims longer than necessary.

Step 4: Prepare and File the Estate Inventory

A core duty of the personal representative is to prepare an inventory of estate assets.

Under Arkansas law, unless an exception applies, the personal representative generally must file an inventory within two (2) months after qualification (or as the court directs).

The inventory typically includes:

Real estate
Bank and investment accounts
Vehicles
Personal property
Business interests
Any debts owed to the decedent

The filing of an inventory can be avoided if all parties interested in the estate waive the requirement.

Step 5: Manage Assets and Pay Debts, Expenses, and Taxes

The estate administration process includes:

Securing and maintaining property
Collecting funds owed to the estate
Paying valid debts and administrative expenses
Obtaining receipts/releases from beneficiaries

The probate administration must stay open for a minimum of a 6-months (the nonclaims period) following published notice of the administration. Generally, creditors that are properly notified must file their claims against the estate during this 6-month period.

Step 7: Final Accounting and Closing the Estate

To close probate, the personal representative typically files:

A final accounting
Proof of completed distributions
A request to close the estate and discharge the representative

How Long Does Probate Take in Arkansas?

The timeline varies based on:

Whether the estate is contested
Complexity and number of assets
Creditor issues
Real estate sales
Tax questions

Many estates take several months to over a year. Estates involving disputes or complex assets can take longer.

Common Probate Issues in Arkansas

Probate administration often becomes complicated due to:

Will contests or beneficiary disputes
Unknown or disputed creditor claims
Missing heirs
Real estate title problems
Unclear asset ownership
Business interests or farm property
Out-of-state property

Why Work With an Arkansas Probate Attorney?

Even “simple” probate cases often involve strict procedural requirements, deadlines, and court filings. A probate attorney can help:

Determine whether probate is required
File petitions and court documents correctly
Ensure notices comply with Arkansas law
Prepare inventory and accountings
Resolve creditor claims efficiently
Reduce delays and minimize conflict
Close the estate as quickly as possible

Frequently Asked Questions (FAQ)

Do I need probate if there is a will?

Often, yes—if the deceased owned assets in their name alone. A will generally must be admitted to probate to appoint a personal representative and transfer titled property. Arkansas law general provides that all wills must be admitted to probate within 5 years of the decedent's death, or they will become ineffective.

What is a “personal representative” in Arkansas?

A personal representative is the person appointed by the court to manage and settle an estate. They may be called an executor (with a will) or administrator (without a will).

How soon must an inventory be filed?

Under Arkansas law, unless an exception applies, the personal representative generally must file an inventory within two months after qualification (or as the court directs).

What happens if someone owes money to the estate?

The personal representative may need to collect debts owed to the decedent as part of estate administration.

What if creditors appear after the estate is distributed?

Creditor notice and claim deadlines can be outcome-determinative. Arkansas probate rules contain strict limitations on creditor claims, which is one reason proper procedure matters. A properly notified creditor may lose its claim if it doesn't file a claim within the 6-month nonclaims period.