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Arkansas Independent vs Standard Administration

Arkansas never adopted the Uniform Probate Code, but its own independent administration option gets an estate most of the way to the same result — if the will asks for it, or the heirs agree to it.

Ark. Code § 28-47-101

By the FigureMyTax Editorial Team · How we calculate

Quick answer: independent administration, authorized under § 28-47-101 when the will asks for it or every heir consents, lets the personal representative act with far less court oversight than standard administration. See how this affects your own estimate in the Arkansas probate timeline calculator.

Side by side

Independent AdministrationStandard Administration
Qualifies whenWill authorizes it, or all heirs consentDefault, if independent isn't authorized
Court oversightSubstantially reducedMore hearings and approvals for routine steps
Selling estate propertyOften without separate court approvalTypically needs court approval
Typical timeline9–14 monthsLonger, due to added hearings

Arkansas's own answer to a UPC-style informal track

Not a UPC state, but similar spirit: Arkansas never adopted the Uniform Probate Code, which is why many neighboring states in this comparison use terms like "informal probate." Independent administration under § 28-47-101 is Arkansas's own mechanism for the same underlying goal — letting a trusted personal representative handle routine estate business, including selling property and paying claims, without returning to court for approval at every step.

How an estate qualifies

There are two paths in: the decedent's will can expressly authorize independent administration, or — even without that language — every heir and beneficiary can consent to it after the fact. Either route unlocks the reduced-oversight process; without one of them, the estate proceeds under standard administration by default.

Executor vs administrator is a separate question

Independently of which administration type applies, Arkansas still distinguishes an executor (named in a will) from an administrator (appointed when there's no will) — both are called the personal representative, and either can pursue independent administration if the qualifying conditions are met.

Facing probate in Arkansas?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Arkansas attorney

Independent vs standard — frequently asked questions

How does an Arkansas estate qualify for independent administration?

Either the will expressly authorizes it, or every heir and beneficiary consents to it. Without one of those two, the estate proceeds under standard administration with more court oversight.

What does independent administration actually change in Arkansas?

It lets the personal representative act with substantially less court supervision — selling property, paying claims, and handling routine estate business without returning to court for approval at each step, unlike standard administration.

Is Arkansas a Uniform Probate Code state?

No — Arkansas follows its own Probate Code (Ark. Code Ann. Title 28), not the Uniform Probate Code most other states in this comparison use. Independent administration is Arkansas's own answer to reducing court involvement.

What's the difference between an executor and an administrator in Arkansas?

An executor is named in a valid will. An administrator is appointed when there's no will, or no named executor is able or willing to serve. Both are called the personal representative, and either can pursue independent administration if the qualifying conditions are met.

Keep going

Arkansas Probate Timeline CalculatorYour estimate, based on your answers Arkansas Probate DeadlinesEvery statutory date, with citations What Delays Probate in ArkansasBeyond the statutory floor Arkansas Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on Ark. Code § 28-47-101. Which type applies to a specific estate depends on its own facts. Consult a licensed Arkansas attorney before proceeding.