Arkansas calls the executor the "personal representative." Arkansas sets statutory commissions on a sliding scale and has a 6-month creditor period that's average for the region. This guide walks through every duty.
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How to Get Appointed Personal Representative in Arkansas
- File the petition: File a Petition for Probate of Will and Appointment of Personal Representative in the Circuit Court (Probate Division) of the county where the deceased was domiciled.
- Attend the hearing: Typically scheduled 2–4 weeks after filing.
- Receive Letters Testamentary: If appointed, the Circuit Court issues Letters Testamentary — your official authority over the estate.
Arkansas's Statutory Personal Representative Compensation
Arkansas sets statutory personal representative compensation on a sliding scale (Arkansas Code § 28-48-108):
| Personal Property Bracket | Commission Rate |
|---|---|
| First $1,000 | 10% |
| Next $4,000 (up to $5,000) | 5% |
| Above $5,000 | 3% |
Examples: A $200,000 estate generates approximately $6,150. A $500,000 estate generates approximately $15,150.
Does Arkansas Require a Bond?
Arkansas generally requires a bond for personal representatives. The bond is waived if the will explicitly waives it. Most modern Arkansas wills include a bond waiver. Without a waiver, bond premiums typically run $5–$10 per $1,000 of coverage per year.
Core Duties as Personal Representative in Arkansas
- File the Petition for Probate and obtain Letters Testamentary
- Send Notice of Appointment to all heirs and beneficiaries
- Open an estate bank account using the estate's EIN
- File the Inventory and Appraisement with the Circuit Court within 2 months of appointment
- Publish the Notice to Creditors and send direct notice to known creditors
- Wait the 6-month creditor period before final distribution
- Pay valid creditor claims in the statutory order of priority
- File final federal and state income tax returns for the deceased
- Manage estate assets prudently throughout administration
- Distribute remaining assets per the will (or intestacy law)
- File the Final Account and Petition for Discharge with the Circuit Court
Pro tip
Arkansas dower/curtesy rights for surviving spouses can complicate intestate distributions in unexpected ways. If your loved one died without a will and was married, get an Arkansas probate attorney to walk you through the surviving spouse's rights before any distribution.
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Arkansas allows non-resident personal representatives. The court typically requires designation of an Arkansas resident as agent for service of process — a minor formality often handled by the estate's attorney or a corporate fiduciary.
How to Close the Estate in Arkansas
You close the estate by filing a Final Account and Petition for Discharge with the Circuit Court showing all receipts, disbursements, and proposed distributions. The court reviews and, if approved (and after any objections from interested parties), enters an order discharging the personal representative.
Personal Liability Protection
Arkansas personal representatives who follow proper procedures — particularly publishing the Notice to Creditors, filing the Inventory on time, paying claims in the statutory order, and obtaining court approval of the Final Account — receive substantial liability protection after the estate closes. The biggest exposure is distributing assets before the 6-month creditor period ends.
You're reading about executor duties in Arkansas. Here's what else is on the list.
- Locate the Will and legal documents
- Start the probate process (Contact Attorney)
- Hire a tax accountant for estate filings
- File final individual and estate tax returns
- Prepare final accounting for probatethis guide
- Perform final distribution to beneficiaries
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Arkansas may change. Consult a licensed Arkansas attorney for guidance specific to your situation.