Who Can File a Wrongful Death Claim in Arkansas

By the FigureMyTax Editorial Team · How we calculate

In Arkansas, the estate's personal representative brings the wrongful death claim — not family members acting on their own behalf directly.

The personal representative files, beneficiaries benefit

Under Ark. Code §16-62-102, the personal representative of the deceased's estate brings the wrongful death action. The recovery, though, is for the benefit of the statutory beneficiaries — the surviving spouse, children, and other next of kin — whose own losses (pecuniary injury, loss of companionship, mental anguish) the statute's intentionally broad language is designed to compensate.

How the personal representative gets appointed

If the decedent left a will naming an executor, that person typically becomes the personal representative. Without a will, the probate court appoints an administrator — often a close family member who petitions for the role. Either way, this appointment is a necessary step before the wrongful death action can proceed, since only the appointed personal representative has standing to bring it.

Beyond spouse and children

Arkansas's wrongful death statute isn't limited strictly to a surviving spouse or children — it extends to other next of kin as well. Exactly who qualifies, and in what priority, can be fact-specific depending on the family situation, which is worth clarifying directly with an attorney rather than assuming only the closest relatives are covered.

This is general information, not legal advice. Beneficiary eligibility is fact-specific. Confirm who qualifies in your situation with a licensed Arkansas attorney.