Can I formally challenge my sibling’s application for letters of administration under Arkansas law?

Short answer: Yes — under Arkansas law you can challenge a sibling’s application for letters of administration (appointment as personal representative). You normally do this by filing a written objection or contest in the probate court where the application was filed, asking the court to deny or delay issuance of letters and to hold a hearing to resolve who is entitled to appointment. This article explains the typical steps, common legal grounds, what evidence matters, and practical tips for protecting your rights.

Important disclaimer

This is educational information, not legal advice. I am not a lawyer. Laws vary and facts matter. Consult a licensed Arkansas attorney before taking legal action.

Overview of the issue under Arkansas law

When a person dies without a will (intestate) or when no executor is named or qualified, Arkansas probate courts appoint a personal representative (sometimes called an administrator) to gather estate assets, pay debts, and distribute property. An interested person — often a close relative — may apply for appointment. Arkansas law gives priority rules and requires the probate court to consider suitability and any objections.

For authoritative state resources and statutes, consult the Arkansas Legislature and the Arkansas Judicial Branch. The Arkansas Code covering probate matters is part of the state statutes (see the Arkansas Legislature website: https://www.arkleg.state.ar.us/) and the Arkansas Courts site has probate court information and local contact details: https://www.arcourts.gov/.

Step-by-step: How to formally challenge the application

Get the court filing information and case number.

Find the probate file where your sibling filed the application. The clerk can give you a copy of the application, any attached proposed bond, notice records, and the case number. You must use the correct case number and court caption when filing your objection.
Determine your legal interest and standing.

To contest, you generally must be an “interested person” — typically an heir, creditor, spouse, or other close relative with a stake in the estate. If you are an heir who would receive property under intestacy, you almost always have standing to object.
Identify the grounds for your contest.

Common grounds under Arkansas practice include:
- Someone else has superior priority for appointment (e.g., surviving spouse, then children, etc.).
- The applicant is not qualified (nonresident issues in limited circumstances, inability to serve, a convicted felon when the court lawfully considers that fact, or lacks capacity).
- The applicant is unfit or has conflicts of interest (e.g., suspected fraud, self-dealing, concealment, misuse of estate assets).
- Improper notice or procedural defects in the application.
- The application contains material falsehoods or omissions (fraud/undue influence).
Choose the ground(s) you can prove with documents or witness testimony.
File a written objection or contest with the probate court.

Your filing should be titled (for example) “Objection to Application for Letters of Administration” or “Petition to Contest Appointment.” Include the court name, case number, your name and contact information, the applicant’s name, a clear statement of the facts and grounds for contest, and a specific request for relief (e.g., deny letters, hold a hearing, appoint someone else, or require a bond and inventory). Sign and date the document and follow local filing rules for formatting and filing fees.
Serve the applicant and other interested parties.

Arkansas probate procedure requires that interested parties be notified. After you file your objection, serve the applicant and other heirs or interested persons according to the court’s rules — typically by personal service or certified mail. The clerk or local rules will explain acceptable service methods.
Request a hearing and prepare evidence.

Ask the court for a prompt hearing in your written filing or by separate motion. Gather documentary evidence (birth certificates, marriage records, medical records showing incapacity, criminal records, bank records showing suspicious transfers, communications showing undue influence) and identify witnesses. Be prepared to explain at hearing why appointment should be denied or delayed and who should be appointed instead.
Consider temporary protections if concerned about estate assets.

If you believe the applicant will dissipate estate assets, ask the court for emergency relief: require a higher surety bond, an inventory and appraisal, supervised access to funds, or temporary custody of specific assets. Courts can impose bond requirements or temporary conservatorship-type protections while the contest proceeds.
Attend the hearing and present your case.

At the hearing, be organized, present your documents and witnesses, and make a concise legal argument based on the facts. If the court finds your sibling unqualified or that another person has priority, the court can deny the application and appoint the proper personal representative.
Appeal if necessary.

If the probate court rules against you, you may have the right to appeal under Arkansas appellate procedure. Appeals have strict time limits and procedural requirements, so consult a lawyer quickly if you plan to appeal.

Evidence that helps win a contest

Proof of your priority as heir (birth certificates, marriage certificates, family charts).
Medical records showing the applicant’s incapacity or lack of mental capacity.
Documents or bank records showing questionable transfers, missing assets, or self-dealing.
Criminal convictions or ongoing criminal investigations that make the applicant unfit (if relevant and admissible).
Communications or witness statements proving undue influence, fraud, or concealment of assets.

Practical tips and timing

Act quickly. Probate matters move fast. Filing an objection early (before or immediately after letters issue) gives you the best chance to influence the court.
Get certified copies of the death certificate and the original filings.
Document everything. Keep copies of all filings, notices, and communications.
Consider mediation for family disputes. Courts sometimes encourage settlement to avoid lengthy litigation.
Hire an Arkansas probate attorney if the estate has significant assets, family conflict, or complex legal issues. An attorney can prepare pleadings, argue at hearing, and advise on appeals.

Where to look for Arkansas statutes, forms, and local rules

For statutory language and authoritative guidance, consult the Arkansas Legislature website (Arkansas Code) and the Arkansas Courts website for probate court contacts, local rules, and possible form packets:

Arkansas Legislature (Arkansas Code and statutes): https://www.arkleg.state.ar.us/
Arkansas Judicial Branch (court information and probate court contacts): https://www.arcourts.gov/

Helpful hints

Before filing, ask the probate clerk for local procedural requirements and any standard form for objections.
If you want to be considered for appointment yourself, file a competing application and explain why you are the better choice.
Keep communications civil and in writing when possible; courts consider family dynamics and will expect focused legal arguments, not emotional appeals.
If the estate is small, consider whether the cost of litigation outweighs the benefit of contesting the appointment.
If you suspect criminal conduct (e.g., theft of estate funds), report it to law enforcement while preserving evidence; criminal investigations are separate from probate contests but can affect the probate outcome.

When to get a lawyer

Hire an attorney if any of the following apply: significant estate assets, serious allegations (fraud, theft, undue influence), complicated family relationships, urgent emergency relief needed, or if you anticipate an appeal. An attorney experienced in Arkansas probate practice can prepare pleadings, present evidence at hearing, and protect your rights efficiently.

If you need help locating a probate attorney in Arkansas, the Arkansas Bar Association and local county bar associations can provide referral resources.