Detailed answer — how Arkansas law treats an occupying heir

When property is inherited by two or more people in Arkansas, each person typically owns an undivided share (a tenancy in common) unless the will or deed creates a joint tenancy or a life estate. An occupying heir therefore usually has a legal ownership interest, but ownership of an interest does not automatically give the occupant an absolute right to exclusive possession of the whole parcel.

Common scenarios and legal responses:

• Confirm the ownership structure. Find the will or the probate records and check the deed recorded at the county recorder’s office. Ownership might be a tenancy in common, joint tenancy with right of survivorship, or there might be a life estate or other recorded restriction. If title shows the person is a co‑owner, they own a share; if title was transferred to you alone, the occupant may be a trespasser.
• Negotiation and buyout. The simplest solution is often negotiation: offer to buy the occupant’s share, offer a lease payment if they will stay temporarily, or agree to sell the property and divide proceeds. A written settlement or buyout avoids court costs and delays.
• Partition action (court‑ordered division or sale). If co‑owners cannot agree, Arkansas law allows a co‑owner to file a partition action in circuit court to force division of the property or a sale with proceeds divided among owners. The court will attempt a partition in kind (physically dividing the land) if practicable. If an in‑kind division is not practical, the court will order a sale and divide the proceeds after paying liens, costs, and fees. A partition action is the standard remedy when co‑owners disagree about keeping or selling inherited real estate.
• Temporary relief and preventing waste. If the occupant is damaging the property or trying to remove assets, a co‑owner may ask the court for interim relief (for example, an injunction to stop waste or an order for accounting of rents and profits). Courts can require the occupant to account for rent or profits if the occupant has been excluding others or using the property to the co‑owners’ detriment.
• Ejectment or forcible entry and detainer. If title is in your name alone (for example, because you were named sole owner in the probate transfer), you may have remedies to remove a wrongful occupant, such as an ejectment action or forcible detainer proceeding. If the occupant is a co‑owner, ejectment is not typically appropriate because co‑owners generally have a right to possess unless the court orders otherwise.
• Adverse possession is unlikely to help quickly. Adverse possession claims require open, notorious, exclusive, and continuous possession for the statutory period and other elements; this is rarely a practical short‑term solution for an heir dispute.
• Practical considerations. Court actions (partition, injunctions, ejectment) take time and money. Costs, attorney fees, taxes, mortgage liens, and the condition of the property will affect whether a sale or buyout makes sense. In some cases, mediation or a neutral appraiser to set market value leads to faster results at lower cost.

Where to start in Arkansas:

1. Obtain a copy of the recorded deed and the probate file (if the property passed through probate).
2. Get a title search so you know all owners, liens, mortgages, and encumbrances.
3. Send a written demand or settlement offer. A clear, documented offer can lead to a quick resolution.
4. If negotiation fails, consider a partition action in the circuit court in the county where the property is located.

Arkansas resources and where to look up the law:

• General Arkansas Code and statutes: Arkansas General Assembly — https://www.arkleg.state.ar.us/ (search titles on real property and decedents’ estates).
• Arkansas court information and self‑help resources: Arkansas Judiciary — https://www.arcourts.gov/ (circuit court information and forms).

Note: partition actions and probate matters proceed in the circuit court for the county where the real estate lies. A partition complaint typically asks the court to either divide the land among owners (partition in kind) or sell the land and distribute the proceeds. The court may appoint a commissioner or order a public sale; sale proceeds are used to pay liens and costs, with net proceeds split according to each owner’s share.

If you plan to pursue court remedies, an Arkansas attorney who handles probate and real estate partition cases can explain local procedures, likely costs, timelines, and strategic options for settlement vs. litigation.

Helpful hints — practical steps to resolve an occupying heir dispute

• Document everything. Keep copies of deeds, probate paperwork, letters, text messages, and a record of communications and offers.
• Get a title report and current property valuation (professional appraisal) before negotiating or filing suit.
• Send a written demand or proposal before filing court papers; a formal settlement offer can be persuasive and is low cost.
• Consider mediation or neutral evaluation to avoid litigation costs and delays.
• Ask the court for an accounting of rents and profits if the occupant has been excluding other owners or collecting rent.
• Evaluate tax and mortgage consequences: selling to resolve the dispute can trigger capital gains, mortgage payoff, and closing costs.
• If the occupant is damaging the property or removing assets, seek immediate legal advice about emergency court relief (injunction or sequestration).
• Keep emotion out of negotiations: a clear written agreement about timing, payment, and possession will reduce future disputes.