Detailed Answer
Under Arkansas law, any person aggrieved by a probate court’s order removing a personal representative may appeal to the circuit court in the same county. The appeal process and timing are set out in Arkansas Code Annotated §28-60-202. That statute provides that you must file a written notice of appeal in the probate court within thirty (30) days of the date the order removing you as personal representative is entered. You then pay the required filing fee and arrange for a record to be prepared.
Once the notice is filed, the case transfers to the circuit court for a full review. The circuit court hears the matter de novo, which means it considers evidence and legal arguments anew rather than simply reviewing the probate judge’s decision for errors. You may present new evidence, call witnesses, and argue that the probate court lacked sufficient grounds for removal under Ark. Code Ann. §28-23-202 (grounds and procedure for removal).
Key steps in the appeal include:
- Filing a timely notice of appeal with the probate clerk within 30 days (Ark. Code Ann. §28-60-202).
- Posting any bond or security the circuit court requires.
- Ordering and filing the transcript of proceedings from the probate court.
- Preparing legal briefs outlining why the removal was improper or unsupported by evidence.
- Attending the de novo hearing in circuit court.
If you miss the 30-day deadline, you generally lose the right to appeal. The circuit court’s judgment on appeal can itself be appealed to the Arkansas Court of Appeals, following the deadlines and rules in the Arkansas Rules of Appellate Procedure.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Track the 30-day appeal deadline on a calendar immediately upon receiving the probate order.
- Request the full probate court record and transcript as early as possible.
- Review Ark. Code Ann. §28-23-202 to understand the legal grounds for removal.
- Prepare a written brief outlining why removal was unwarranted or procedurally flawed.
- Consider hiring an attorney experienced in probate appeals to guide you through procedural requirements and oral argument.
- Be ready to post any bond required by the circuit court to stay the probate order pending appeal.
- Keep copies of all filings and correspondence in a dedicated file for your appeal.