In Arkansas, one of the most important reasons to create a Will is to name an executor or executrix. If you do not have a Will specifying who will be your executor, then the Court must decide who will administer your estate given that you do not have a Will, and that person is generally referred to as a “personal representative” or an “administrator/administratrix.” After your death, the executor’s/administrator’s primary responsibility is to manage your estate, which includes protecting property, paying debts and taxes, and distributing remaining assets to beneficiaries according to the terms of your Will.
Basic Requirements for Serving as an Arkansas Executor/Administrator
Every state, including Arkansas, has specific rules regarding who can serve as an executor or administrator for an estate going through probate. In Arkansas, the executor must meet the following criteria:
1. Age Requirement: The nominated executor or administrator must be at least 18 years old.
2. Mental Competency: The nominated executor or administrator must be of sound mind, meaning they are capable of understanding the responsibilities and duties of the role. They cannot have been judged incapacitated by a court.
3. Felony Convictions: The nominated executor or administrator cannot be a “convicted and unpardoned felon” under any federal or state law. (Ark. Code § 28-48-101 (2024)).
4. Residency: While Arkansas does not require the nominated executor or administrator to reside in the state, a non-resident executor or administrator must appoint a resident agent in the county where the estate is being probated. The in-state agent will accept legal papers related to the estate. This is particularly important when handling day-to-day estate matters. (Ark. Code § 28-48-101 (2024)).
5. No Conflict of Interest: The nominated executor or administrator should not have significant conflicts of interest with the estate or its beneficiaries.
Special Rules for Executors or Administrators in Arkansas
In addition to the basic requirements, an Arkansas probate court may reject a nominated executor or administrator found to be unsuitable. If any concerns about the qualifications of the named executor arise, the court can hold a hearing involving interested parties—such as the spouse, heirs, creditors, or other potential executors. A judge will then decide who is best suited to serve and may terminate any improper appointment. (Ark. Code §§ 28-48-101, 28-48-105 (2024)).
Additionally, you can name a corporation as your executor, but it must be authorized to act as a fiduciary in Arkansas. However, it is generally better to appoint an individual unless your estate is particularly large or complex and you don’t know anyone you trust enough to serve. (Ark. Code § 28-48-101 (2024)).
Other Considerations
• Court Discretion: Even if a nominated executor or administrator meets all statutory requirements, the court retains the discretion to reject them if it deems them unfit for the role. The Court generally tries to determine who would be the best suited person to serve.
• Bond Requirement: In some cases, the nominated executor or administrator may be required to post a bond. This bond serves as a form of insurance for the beneficiaries, protecting them from potential mismanagement of the estate. However, if the will explicitly waives the bond requirement or the beneficiaries agree, it can be waived.
Multiple Executors
Arkansas law allows for the appointment of multiple co-executors or co-administrators if specified in the will or if all beneficiaries agree.
In summary, an executor or administrator must be trustworthy, responsible, and capable of fulfilling their legal obligations, as they play a crucial role in ensuring that the estate is managed efficiently and according to the decedent’s wishes. Unless specified in a Will as to who will serve as the executor, the Court’s first decision in a probate matter is to determine who would be best suited to serve as the administrator. This is a very important first step because it can set the stage for all future administrative actions, filings, and proceedings.
Located in Batesville, Melbourne, and Heber Springs, Arkansas, and serving all of Arkansas, Reeves Law Firm stands ready to handle any civil, estate, family law, guardianship, personal injury, probate, or any other litigation matters that may arise.
Reeves Law Firm primarily serves Independence County (Batesville), Jackson County (Newport), Sharp County (Ash Flat, Highland, Cherokee Village), Lawrence County (Walnut Ridge), Cleburne County (Heber Springs, Greers Ferry, Fairfield Bay), Izard County (Melbourne), Stone County (Mountain View), White County (Searcy), and Baxter County (Mountain Home).
Give us a call in Batesville, Arkansas, at (870) 793-0021
Give us a call in Heber Springs, Arkansas, at (501) 302-8383
Give us a call in Melbourne, Arkansas, at (870) 291-9374
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