Who can file a claim for an intestate estate?

In Arkansas, a claim for an intestate estate can be filed by certain individuals who have a legal relationship with the deceased. According to Arkansas intestate succession law, the spouse or surviving domestic partner of the deceased is first in line to file such a claim. In the absence of a spouse or partner, the deceased’s children, parents, siblings, or other family members may be entitled to file a claim for the intestate estate. When multiple individuals are eligible to make a claim on the intestate estate, a priority order is usually established - starting with the surviving spouse or domestic partner. That individual will be the first in line to receive a portion of the estate. Other family members may then divide the remaining portion based upon the established order of priority. If no family members are available to make a claim or if the deceased died without a will, the court may appoint an individual or organization to serve as the estate’s “personal representative” or “administrator”. The personal representative then has the legal authority to settle the intestate estate, including filing a claim. In order to make a claim on the intestate estate, an individual must provide documentation to prove his or her relationship with the deceased. Examples of such documentation include death certificates, birth certificates, or marriage certificates. If there is any disagreement about who should have the right to make a claim, the court will make a final decision.

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Who can file a claim for an intestate estate?

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