Contesting an Estate Accounting in Arkansas: What to Do If More Than a Year Has Passed

Short answer: In Arkansas, an approved estate accounting becomes much harder to challenge after the court’s order is final and a year has passed. You still may have options — for example, asking the probate court to set aside the approval for fraud, mistake, newly discovered evidence, or lack of jurisdiction, or pursuing relief under the Arkansas Rules of Civil Procedure — but relief is limited, fact-specific, and often difficult. Act quickly and consult a probate attorney to evaluate your specific situation.

Disclaimer

This is educational information, not legal advice. I am not a lawyer. For advice about your particular situation, consult a licensed Arkansas probate attorney.

Detailed answer — How contesting an approved accounting works in Arkansas (and what to expect more than a year after approval)

1. Understand what happened when the accounting was approved

When a personal representative (executor/administrator) files an accounting and the probate court approves it, the court typically issues an order or decree allowing distribution of estate assets. Once the court gives final approval (sometimes called allowance or settlement), that decision carries weight. Many objections must be raised promptly — often before or at the hearing that approves the account.

2. Typical deadlines and what “final” approval means

Arkansas probate practice treats an approved final settlement as a definitive judicial action. If you did not object before the court approved the accounting, your ability to challenge that approval later is usually limited. Many jurisdictions treat final orders in probate as binding after a defined period (and permit challenges only under narrow circumstances). In Arkansas you should also review the Arkansas Rules of Civil Procedure (for example, Rule 60-type relief) and local probate rules for timing and procedure. See Arkansas Rules of Civil Procedure: https://www.arcourts.gov/rules/arkansas-rules-civil-procedure

3. Options for challenging the approved accounting more than a year later

If more than a year has passed since the court approved the accounting, the path forward generally includes:

• Motion to set aside or reopen the settlement/approval — Ask the probate court to vacate or reopen its previous order. Courts can sometimes set aside approvals for certain limited reasons (see next section). The court will look at whether the moving party has solid grounds.
• Relief under rules similar to Rule 60(b) — Arkansas has civil procedure rules that permit relief from a final judgment for reasons such as fraud, mistake, newly discovered evidence, or void judgment. If the probate court’s order is treated like a final judgment, these principles may apply. (Consult an attorney about how these rules apply to your probate matter.)
• Attack jurisdiction or process defects — If the probate court never had proper jurisdiction over the estate, or notice procedures were defective so that interested parties did not receive required notice, the approval may be voidable even after a long time.
• Claims based on fraud or intentional concealment — If the personal representative intentionally concealed assets, forged documents, or otherwise engaged in fraud, courts are often willing to reopen matters even after the usual time periods. Fraud claims require strong proof.

4. Legal standards and evidentiary burden

After a long delay, the party asking the court to reopen the approval carries a high burden. You will normally need to show clear evidence of one of the limited grounds for relief (for example, fraud, mistake, newly discovered evidence that could not have been found earlier with reasonable diligence, or that the court lacked jurisdiction). Courts balance the need for finality against fairness to the injured party.

5. Practical steps to take right now

1. Obtain certified copies of the probate docket entries, the approved accounting, and the court’s order or decree approving the account.
2. Document what you believe is wrong — missing assets, suspect transactions, forged documents, improper distributions, or lack of notice. Collect bank statements, check copies, correspondence, and any evidence of concealment or error.
3. Check whether distributions were made and whether assets can be traced or recovered.
4. Consult an Arkansas probate attorney promptly. Timing is critical; some remedies require prompt motions once a problem is discovered.
5. If you are unable to retain an attorney right away, contact the probate clerk in the county where the estate was administered to learn court procedures for filing a motion or petition to reopen a case.

6. Possible outcomes

• The court denies the motion to reopen if the evidence and law do not support relief, leaving the approved accounting in place.
• The court grants relief in whole or in part — for example, vacating the approval, ordering an evidentiary hearing, holding the personal representative responsible (surcharge) for improper distributions, ordering return of assets, or removing the personal representative.
• The court may order an accounting, appoint a special master or auditor, or impose other remedies designed to unwind improper transactions.

Relevant Arkansas court resources

For procedural rules that often control relief from final judgments, see the Arkansas Rules of Civil Procedure: https://www.arcourts.gov/rules/arkansas-rules-civil-procedure

For the Arkansas legislative code and to search for specific probate statutes, use the Arkansas Legislature website: https://www.arkleg.state.ar.us/

Helpful Hints

• Act quickly once you discover a problem. Delay can seriously reduce your options.
• Get a certified copy of the court’s order approving the accounting — it outlines what the court actually decided.
• Gather documentary proof before evidence disappears: bank records, canceled checks, distribution receipts, emails, and letters.
• Ask whether the personal representative provided legally required notice of the accounting hearing. Lack of proper notice can be a strong basis to reopen a matter.
• Be realistic about costs. Reopening a settled probate can be expensive; weigh potential recovery against legal fees and court costs.
• If you suspect fraud, preserve communications and consult counsel immediately — fraud claims require convincing proof and prompt action.
• Consider alternative dispute resolution (mediation) if the personal representative is cooperative — sometimes you can negotiate a remedy without protracted litigation.
• Keep a timeline of events — when you first learned of the problem is important to show timeliness for any relief request.

Next steps

If you believe an approved accounting in an Arkansas probate matter contains errors, omissions, or fraud and more than a year has passed since approval, contact a probate attorney to evaluate the facts. An attorney will tell you whether you have grounds to ask the court to reopen the case, what evidence you need, and how to proceed under Arkansas procedure.