Detailed Answer — How inclusion of heirs works in Arkansas partition cases

1. Why heirs matter in a partition action

Partition actions divide real property among co-owners. Arkansas courts will only divide interests they can affect. If a co-owner died before the case began (or while a case is pending), that deceased co-owner’s ownership interest passed to someone else — either by a will (devisees) or by intestacy (heirs). Those persons now hold the interest and must be parties so the court can fully and finally divide title and distribute proceeds.

2. Which statutes to consult

Arkansas has statutes that govern partition actions and probate/intestacy rules. Useful starting points are the Arkansas Code provisions on partition (search the Arkansas Code for Title 18 — Partition) and the probate/intestacy provisions that establish who inherits when someone dies intestate (see the Arkansas Code sections on decedents’ estates). You can find the Arkansas Code at the state legislature website: https://www.arkleg.state.ar.us/.

3. Typical steps to add heirs in practice

1. Confirm the deceased’s interest: Determine whether the deceased sibling actually owned all or part of the property at the relevant date. Use deeds and a title search.
2. Check probate: See if the deceased’s estate has been opened in probate. If there is an estate file or a will, it will show who the personal representative and the beneficiaries are. If the estate is open, the personal representative (executor/administrator) can often be served and joined.
3. If there is no probate yet: You may need to open a small estate or intestate probate to identify heirs. Alternatively, you can plead that the decedent’s interest passed to “unknown heirs” and ask the court to allow service by publication and appointment of a guardian ad litem or next friend to protect unknown or minor interests.
4. Amend your pleading or file a motion for joinder: Add the heirs or the estate’s personal representative to the partition complaint. On the civil docket this usually means filing an amended complaint or a motion asking the court to join necessary parties, and then serving them with the complaint and summons.
5. Give proper notice and service: Heirs and devisees must receive proper service under Arkansas rules (personal service when possible; if a party cannot be located, Arkansas permits service by publication in many circumstances). If minors or legally incompetent persons are involved, the court will appoint a guardian ad litem to represent their interests.
6. Consider a lis pendens: Filing a lis pendens (notice of pending action) on the property protects the court’s eventual order and warns third parties of the dispute while you locate and join heirs.

4. If heirs are unknown or cannot be located

Arkansas courts allow procedures that protect absent or unknown parties and still permit the case to move forward. Typical tools include service by publication, appointment of a guardian ad litem, and court-supervised notice to unknown heirs. If the court approves, a final partition order will bind those parties after appropriate notice. If you believe heirs exist but cannot be identified, the court may require you to make a good-faith effort to find them and may set timelines for publication and appointment of representatives.

5. Practical things to expect in court

• The court will expect documentary proof: deeds, death certificate, probate filings, title search results.
• If heirs are joined, they may contest the partition method (sale vs. physical division) or claim a different share; the court will resolve disputes based on the evidence of ownership shares.
• The court may require an accounting for rents, taxes, or mortgage payments made before partition when determining equities among co-owners and heirs.

6. When to get help from an Arkansas attorney

Because adding heirs often requires coordinated work between probate and civil procedures (locating heirs, filing probate documents, arranging service by publication, and drafting proper joinder pleadings), an attorney experienced in Arkansas real property and probate litigation can streamline the process and reduce the risk that a missing party will undo the final result.

Relevant Arkansas law resources

Start with the Arkansas Code and the local circuit court rules for the county where the property sits. The Arkansas Code is searchable at the legislature’s site: https://www.arkleg.state.ar.us/. Look for the chapters on partition and on decedents’ estates/intestacy.

Helpful Hints — Practical checklist to add heirs to a partition action in Arkansas

• Run a complete title search to see who appears on recorded instruments and whether the deceased was sole or partial owner.
• Obtain a certified copy of the death certificate and any available will or probate records.
• If an estate exists, contact the personal representative and request they be joined to the partition action.
• If no estate exists, consider opening a probate or filing an affidavit of heirship to identify heirs before or while seeking joinder.
• File an amended complaint or a motion to join parties (joinder) and serve heirs personally if possible; use service by publication only when necessary and after court approval.
• If minors or incapacitated persons may inherit, ask the court to appoint a guardian ad litem to protect their interests before final distribution or sale.
• File a lis pendens to prevent transfer of the property while the partition and joinder proceed.
• Keep careful records of your searches, attempts to locate heirs, and all notices — courts require proof of reasonable efforts to find missing parties.
• Consider mediation if heirs are located but dispute the division type or value; mediation can save time and legal costs compared to litigation.