What Does a Personal Representative Do After a Loved One Dies?

Introduction

Losing a loved one is heartbreaking. In the midst of grief, someone has to take on the responsibility of handling their affairs—this person is often known as the “personal representative.” If your loved one passed away due to a wrongful death in Arkansas, the role of a personal representative carries even more weight, including legal duties and potential civil claims.

This post will walk you through what a personal representative does, how the role intersects with wrongful death claims in Arkansas, and provide a free downloadable probate checklist to help you stay organized during a difficult time.

What Is a Personal Representative?

In Arkansas, a personal representative (also known as an executor or administrator) is the person appointed to settle the estate of someone who has passed away. This individual can be named in the deceased's will or appointed by the court if there is no will.

Their duties are legal in nature and must be carried out with precision, transparency, and in accordance with Arkansas probate law. If the death was caused by someone else’s negligence or wrongdoing, the personal representative may also have the right to file a wrongful death claim on behalf of the estate and beneficiaries.

Duties of a Personal Representative in Arkansas

Here’s what a personal representative typically does:

1. Secure the Death Certificate

You’ll need several official copies to handle banking, insurance, and court matters.

2. Locate the Will and Notify Heirs

If a will exists, file it with the probate court. Notify heirs and potential beneficiaries promptly.

3. File a Petition for Probate

In most cases, you must file a petition to open probate and be officially appointed by the court.

4. Identify and Inventory Assets

This includes real estate, vehicles, bank accounts, and personal property. You must report the value of the estate to the court.

5. Notify Creditors

Under Arkansas law, known creditors must be notified, and a public notice may be required to allow others to file claims.

6. Pay Debts and Taxes

Using estate funds, pay off valid debts and file the deceased's final income tax return.

7. Distribute Remaining Assets

Once debts and taxes are handled, you may distribute the remaining assets according to the will or Arkansas intestacy laws.

8. File a Wrongful Death Claim (if applicable)

Arkansas law allows personal representatives to file wrongful death lawsuits on behalf of the estate. This can include compensation for medical expenses, funeral costs, lost wages, and the pain and suffering of surviving family members.

When Wrongful Death Is a Factor

In cases of wrongful death, the personal representative may play a key role in initiating and managing the lawsuit. This is especially important in accidents involving:

• Car or trucking collisions

• Nursing home neglect

• Medical malpractice

• Defective products

The representative works closely with an attorney to gather evidence, file legal paperwork, and ultimately recover damages for the estate and loved ones. At Ludwig Law Firm, we’ve helped Arkansas families navigate this process with strength and compassion.

Final Thoughts

Being named a personal representative is a serious responsibility—especially if your loved one died due to another party’s negligence. You’re not alone. The team at Ludwig Law Firm can help you manage probate and pursue justice through a wrongful death claim if necessary.

📞 Call 501-868-7500 or visit ludwiglawfirm.com to schedule a free consultation.

Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. For legal guidance tailored to your situation, contact Ludwig Law Firm directly.