Intestate Succession
If a person dies without a will, their property will be distributed according to the laws of intestate succession. The order of distribution is as follows:
1. Spouse: The surviving spouse will receive all of the deceased spouse's property if there are no surviving children.
2. Children: If the deceased person is survived by children, they will receive all of the deceased person's property. If there is more than one child, the property will be divided equally among the children.
3. Parents: If the deceased person is not survived by a spouse or children, their parents will receive all of the deceased person's property. If both parents are deceased, the property will be distributed to the deceased person's siblings.
4. Siblings: If the deceased person is not survived by a spouse, children, or parents, their siblings will receive all of the deceased person's property. If there is more than one sibling, the property will be divided equally among the siblings.
5. Other relatives: If the deceased person is not survived by any of the above relatives, their property will be distributed to their next-of-kin.
Wills
A person can create a will to specify how their property will be distributed after their death. A will must be in writing and signed by the testator in the presence of two witnesses. The testator must also be of sound mind and at least 18 years old.
A will can be used to:
* Leave property to specific individuals or organizations
* Create trusts for the benefit of minor children or other beneficiaries
* Appoint an executor to administer the estate
* Provide for the payment of debts and taxes
Probate
When a person dies with a will, the will must be probated before the assets of the estate can be distributed to the beneficiaries. Probate is the legal process of authenticating the will and appointing an executor to carry out the wishes of the testator.
The probate process can be complex and time-consuming. It is important to consult with an experienced Arkansas attorney if you are involved in a probate proceeding.