What to Do When Someone Dies in Arkansas: A Step-by-Step Checklist

The first hours after a death involve more required decisions and legal steps than most people realize. Arkansas imposes specific deadlines at each stage — some measured in hours, some in business days — and missing them can delay the entire process. This checklist walks through the required steps in order, with the deadlines and decision points that actually matter.

Immediately: The First Hours

Get official pronouncement of death. A death must be officially pronounced before the body can be moved. If the person died at home under hospice care, the hospice nurse can usually pronounce the death. If the person died at home without hospice, call 911 — emergency responders will confirm the death and, if the cause is clearly natural and the person had a known terminal illness, may be able to arrange for the attending physician to certify the death remotely.

Determine whether the coroner has jurisdiction. If the death was unexpected, unattended by a physician, violent, or suspicious in any way, the county coroner assumes legal jurisdiction. Do not move the body until the coroner's office authorizes removal. Moving the body without coroner authorization is a legal violation. Call the coroner's office if there is any question.

Contact a funeral home — or decide to act as your own funeral director. Arkansas law does not require the use of a licensed funeral director for death certificate filing or within-state transportation. A family member can legally act as the person managing the disposition. However, this means navigating the paperwork directly with the local county registrar instead of the electronic ERAVE system, which is restricted to licensed professionals. Most families choose to engage a funeral home for this reason.

Decide on embalming vs. refrigeration. Arkansas law requires that if the body is not buried or cremated within 48 hours of death, it must be either embalmed using an approved process or refrigerated at or below 45°F continuously. Refrigeration is significantly cheaper than embalming and is equally valid under state law. Embalming is not legally required unless the body will be transported via commercial airline carrier or a public health authority specifically requires it. Do not consent to embalming based on the funeral home's statement that it is legally required — ask to see the specific statutory authority.

Within 3 Days: The Fact of Death Filing

File the fact of death. Within three days of the death, the funeral director (or the person acting as one) must file a "fact of death" report with the Arkansas Department of Health. This preliminary report includes the decedent's legal name, date and time of death, county of death, date of birth, Social Security Number, and address. Licensed funeral homes do this through the ERAVE system. Families handling the process themselves must coordinate directly with the local county health unit registrar.

Obtain medical certification. Simultaneously, the attending physician, coroner, or medical examiner has three business days to complete and return the medical certification of the cause of death. This certification is the piece the funeral home or family needs to complete the death certificate. If the physician is slow, or if the coroner's investigation involves pending toxicology, the cause of death may initially be filed as "pending" — which allows the process to continue while the final determination is completed. If you are experiencing delays with the physician, the funeral home can apply pressure through formal requests.

Make initial funeral arrangement decisions. Use this window to compare prices. Under the FTC Funeral Rule, every Arkansas funeral home must provide you with a printed, itemized General Price List before any discussion of arrangements begins. You are entitled to this list before entering a casket showroom. Get the GPL from at least two providers before committing to anything. For a direct cremation in Arkansas, prices range from approximately $795 to $1,676 depending on the provider and location.

Within 10 Days: Complete Death Certificate Filing

File the complete death certificate. The fully executed death certificate — including both the family's demographic information and the physician's medical certification — must be filed with the Arkansas Department of Health Vital Records within ten days of the date of death. If there is a documented reason for delay, the funeral director or person acting as such must formally notify the local registrar before the deadline passes.

Order certified copies. Order more certified death certificates than you think you'll need. Each life insurance policy, financial institution, vehicle transfer, and government agency will require its own certified copy. Most families need between 8 and 12 copies. The Arkansas Department of Health charges $10 for the first certified copy and $8 for each additional copy ordered at the same time.

Obtain the burial-transit permit. Before the body can be cremated or transported out of Arkansas, the state or local registrar must issue a burial-transit permit. This is a separate document from the death certificate and is required for cremation even if the cremation happens within the state. The funeral home typically handles this. If you are managing the process yourself, contact the local county registrar.

The First Week: Funeral Arrangements and Legal Steps

Contact life insurance companies. Most life insurance companies can begin processing a claim with an initial death certificate, even if the cause of death is listed as "pending." File claims immediately — every week of delay is a week longer before funds are available.

Notify Social Security. If the deceased was receiving Social Security benefits, notify SSA as soon as possible. Any benefit payments issued after the date of death must be returned. The $255 death benefit is available to a surviving spouse or eligible child — contact SSA to claim it.

Check for veterans benefits. If the deceased was a military veteran, contact the VA and the Arkansas State Veterans Cemetery in North Little Rock to determine eligibility for burial benefits. Benefits include a free gravesite, opening and closing fees, and a government marker for eligible veterans.

Secure the home and property. If the deceased lived alone, secure the property and change locks if necessary. This protects the estate assets from theft or unauthorized access.

Locate the will. If the deceased had a will, locate it and identify the executor named in the document. Arkansas probate proceedings must be initiated in the county where the deceased lived, and the process begins with presenting the will to the county probate court.

Notify employers, banks, and creditors. Stop automatic payments, notify the deceased's employer (to trigger any death benefits, final payroll, or pension survivor benefits), and contact banks to freeze or transfer accounts as appropriate.

The First Month: Estate Administration

Determine whether probate is required. Not every Arkansas estate requires formal probate. If the deceased owned only jointly-held property, had beneficiary designations on all financial accounts, or left a very small estate, you may be able to use the small estate affidavit process instead. The threshold and process depend on the assets involved.

File for Medicare and Medicaid refunds if applicable. If the deceased was receiving Medicare, any premiums paid beyond the date of death may be refundable. If Medicaid provided long-term care, the state may have a claim against the estate through the Medicaid Estate Recovery Program.

Handle ongoing bills. Utilities, mortgage or rent, and insurance must be managed during the estate administration period. Do not simply stop paying — some policies lapse immediately when premiums are missed, which can affect the estate's assets.

Where to Get Help

The Arkansas Funeral Laws & Consumer Rights Guide covers the funeral-side steps in depth — the exact regulations governing embalming, the burial-transit permit process, your rights when dealing with funeral homes, and how to manage a dispute over who has legal authority to direct the disposition.

For the estate side — probate, vehicle transfers, bank accounts, and creditor claims — the Arkansas estate settlement guide covers those steps separately.

The administrative process after a death in Arkansas is more structured than most people expect. The deadlines are real, the paperwork has specific requirements, and the sequence matters. Working through it step by step, in order, prevents the most common and costly mistakes.

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