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Arkansas Executor Duties
Pillar GuideArkansas12 min read

Arkansas Executor Duties

Arkansas executor duties guide: get letters from the Circuit Court Probate Division, file the inventory in 2 months, notify creditors, and file accounts.

By Settled Editorial

Arkansas executor duties start the moment the Circuit Court hands you letters. Arkansas has no standalone probate court. You open the estate in the Probate Division of the Circuit Court for the county where the person lived, and the circuit clerk files the paperwork. The judge appoints you and issues letters testamentary (with a will) or letters of administration (without one). Those letters are your proof of authority. Banks, the DMV, and title companies ask for them before they release anything.

After your appointment, the court supervises your work through deadlines. You file an inventory within two months, give notice to creditors, then file accounts until the estate closes. This guide walks the practical sequence in deadline order, and the Arkansas probate timeline guide maps how those deadlines fall on the calendar. This is general information, not legal advice. Confirm each step with your local circuit clerk or an Arkansas probate attorney.

For your local court, see the Arkansas circuit court directory.

Get Appointed by the Circuit Court Probate Division First

Authority comes from the court, not from the will naming you. A named executor can find the original will, secure the home, and gather records before appointment. But you cannot collect accounts, sign estate documents, or transfer title until the judge appoints you and the clerk issues your letters.

To open the estate you petition the Probate Division of the Circuit Court in the county where the person lived, file the original will if there is one, and ask the court to appoint you. Arkansas sets an order of priority for who gets appointed. The executor named in the will comes first. If there is no will, the surviving spouse or the spouse's nominee has priority for a set window after death, then the heirs entitled to inherit, then any other suitable person (Ark. Code 28-48-101). The court can refuse to appoint someone who is a minor, lacks capacity, is an unpardoned felon, or is otherwise unsuitable. A nonresident must name a local agent for service before serving.

With a will you are the executor. Without one you are the administrator. Arkansas calls both the personal representative, and the duties below apply the same way. One timing rule sits over the whole process: no will may be admitted and no administration granted unless someone applies within five years of death, with narrow exceptions (Ark. Code 28-40-103). Do not wait. (Source: Ark. Code 28-48-101, law.justia.com/codes/arkansas/title-28/; Ark. Code 28-40-103.)

What an Arkansas Personal Representative Does

Once you hold letters, you are a fiduciary. You take possession of estate property, keep estate money separate from your own, follow the will or the intestacy rules, work with the court, and distribute only when the estate is ready.

Arkansas spells out the core powers and duties. You have the right to, and must, take possession of all the personal property of the estate, subject to the rights of a surviving spouse and minor children. Real property is different. It generally vests in the heirs or devisees at death, and you take control of it only when the will directs it or the court finds the property has to be sold, mortgaged, leased, or exchanged to administer the estate. When real property is under your control, you collect rents, pay taxes, make needed repairs, keep insurance in force, and defend lawsuits about it. The standard is preservation. You keep property in usable condition and act for the benefit of the estate and the people with an interest in it (Ark. Code 28-49-101).

The duty list runs in this order:

  1. Take possession of personal property and secure estate assets
  2. File the inventory within two months after your qualification
  3. Publish notice to creditors and handle claims
  4. File accounts during administration and a final account to close
  5. Distribute the remaining assets after creditors and costs are cleared

Not every estate needs full administration. Some assets pass by beneficiary designation, joint survivorship, or a payable-on-death term. A small estate may fit collection by affidavit instead. Check whether full administration is even needed before you run the whole sequence. (Source: Ark. Code 28-49-101, law.justia.com/codes/arkansas/title-28/.)

Duty 1: Take Possession and Secure the Property

Your first job after appointment is control. Gather the personal property, change locks if needed, redirect mail, and find every account, policy, deed, and title. Open an estate bank account under the estate's tax ID and route estate money through it. Never mix estate funds with your own. This is the line that protects you later, because the court reviews where the money went.

Real estate gets lighter treatment at the start. Because Arkansas real property usually passes to the heirs at death, you do not manage the house like a bank account unless the will hands you that power or the estate needs to sell it to pay debts. If the estate is short on cash and the value sits in real property, get title and deed review before you act.

Duty 2: File the Inventory Within 2 Months

The inventory is your first court filing with a hard deadline. You file it within two months after your qualification, unless the court directs otherwise (Ark. Code 28-49-110). The inventory lists all the property the person owned at death, described well enough to identify each item, with your statement of its fair market value as of the date of death.

Build the worksheet before the form is due. For each asset capture the owner name, the account or title number, the date-of-death value, any lien, the beneficiary or joint-owner note, and the source document. If an asset turns up after you file, report it.

There is a waiver. If all competent distributees, and the guardians of any who lack capacity, sign written waivers, you may skip the inventory filing unless the court still requires it. But that waiver collapses the moment a creditor files a claim and demands the inventory, so keep the worksheet ready either way. (Source: Ark. Code 28-49-110, law.justia.com/codes/arkansas/title-28/.)

Duty 3: Notify Creditors and Handle Claims

Arkansas runs creditors through a publication-and-claim window. You publish a notice to creditors in a newspaper in the county. Claims against the estate are barred unless the creditor presents them to you or files them with the court within six months after the date of first publication (Ark. Code 28-50-101). A backstop also bars claims at the end of five years after death if no letters issued and no notice published.

Here is why this matters to you. If you pay the wrong claims first or distribute too early and a valid claim lands later, you can be on the hook personally. Sort claims by priority, pay administration costs and proper claims in order, and do not distribute to heirs until the claim window has run and approved claims are handled. The Arkansas creditor claims guide breaks down the notice rules, claim priority, and the six-month bar in detail. (Source: Ark. Code 28-50-101, law.justia.com/codes/arkansas/title-28/.)

Duty 4: File Accounts and a Final Settlement

Accounting is how you show the court what you received, what you paid, and what remains. You file accounts during administration, and Arkansas expects them on a regular cycle. Accounts are due annually during the period of administration unless the court directs otherwise, and you also file a verified account when you petition for final settlement (Ark. Code 28-52-103).

Each account needs proof. Keep receipts, canceled checks, and statements for every payment you report. Miss the filing and the consequence is real: the clerk can issue a citation requiring you to present your account for settlement within thirty days, and the court can compel an account on its own motion or at an interested person's request. The final account closes the estate. It shows all receipts and disbursements, the proposed distribution, and supports your request to be discharged. (Source: Ark. Code 28-52-103, law.justia.com/codes/arkansas/title-28/.)

Duty 5: Distribute Only After Creditors and Costs Are Cleared

Distribution comes last, and only after the estate can support it. Before you hand anything to a beneficiary, walk this checklist:

  1. Has notice to creditors been published and the six-month claim window run?
  2. Is the inventory filed or properly waived?
  3. Are approved claims, taxes, and administration costs paid in priority order?
  4. Have the surviving spouse's and minor children's allowances been set aside if they apply?
  5. Are final income tax returns filed or accounted for?
  6. Does your account support every receipt, payment, and proposed distribution?
  7. Do you have signed receipts from beneficiaries to file with the court?

A named beneficiary in the will is not a green light to distribute on day one. Claims, costs, taxes, and family allowances can come first. Distributing before the claim window closes and before the court reviews your final account can make you personally liable for a later valid claim, so confirm the court is satisfied before you hand anything over. When the estate is ready, you distribute under the probated will or, with no will, under Arkansas intestate succession rules, and you report it in your final account.

How an Arkansas Executor Gets Paid

Arkansas sets a statutory scale for personal representative pay, and it is a maximum the court can adjust. Under Ark. Code 28-48-108, your compensation on the personal property that passes through your hands and is fully administered is capped at 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance. Where you perform substantial duties with real property, the court may allow extra reasonable compensation fixed by the court based on the work and the property value.

Two more rules shape the number. You may fix your own fee, and the fees of the estate's attorney, accountant, auditor, or investment advisor, without prior court approval, but the reasonableness of every fee stays subject to court review. And the court can cut or deny your compensation if you fail, after being cited, to file a proper account or do the substantial duties of the office. A separate statutory scale (5% / 4% / 3% / 2.75% / 2.5% / 2% by value bracket) caps the estate attorney's fee. Plan on the statutory percentages as a ceiling, not a fixed flat rate. (Source: Ark. Code 28-48-108, law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-48/subchapter-1/section-28-48-108/.)

Common Questions

Is there a probate court in Arkansas?

No. Arkansas hears probate in the Probate Division of the Circuit Court for the county where the person lived. The circuit clerk files the case, and the circuit judge appoints and supervises the personal representative.

What is the first deadline after I am appointed?

The inventory. You file it within two months after your qualification, listing the property the person owned at death with fair market values as of the date of death (Ark. Code 28-49-110), unless the court directs otherwise or all competent distributees waive it.

How long do Arkansas creditors have to file claims?

Six months from the date of first publication of the notice to creditors (Ark. Code 28-50-101). Claims filed after that are barred, with a five-year backstop if no letters issued and no notice ran.

How much does an Arkansas executor get paid?

Up to 10% of the first $1,000 of personal property, 5% of the next $4,000, and 3% of the balance under Ark. Code 28-48-108, plus court-fixed compensation for substantial real-property work. The percentages are statutory maximums, and the court reviews the amount for reasonableness.

Can I distribute as soon as I am appointed?

No. Wait until the creditor window runs, approved claims and costs are paid, family allowances are set aside, taxes are handled, and the court reviews your account. Distributing too early can make you personally liable for a later valid claim.

This guide is general information about Arkansas estates. It is not legal advice. Confirm anything that affects your situation with the circuit clerk, the Circuit Court Probate Division, or a licensed Arkansas attorney.

Sources

Prefer to talk it through? Connect with a probate attorney

Settled Estate is not a law firm and does not give legal advice.

Information current as of June 14, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arkansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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