Overview

This article explains, in plain language, how to finish probate in Arkansas when the decedent’s will is outdated and you need clear legal authority to sell real estate owned by the estate. It walks through the key legal concepts, the practical steps you should take, and how to get the court authority you need to transfer or sell property. This is educational information only and is not legal advice.

Detailed answer — what you must know and do

1. Confirm which will (if any) controls

First, find the original will, any codicils, and any later wills. A later valid will typically revokes an earlier one either by express language or by being a complete substitution. A will can also be revoked by a physical act. If more than one will exists, file them with the probate court so the judge can determine which document governs distribution of the estate.

2. File for probate in the proper Arkansas court

Probate starts when someone presents the decedent’s will and a petition to the probate division of the county circuit court where the decedent lived. If the will names an executor (personal representative), the court generally admits the will and appoints that person, unless there is a valid objection. If no valid will exists, the court will appoint an administrator and the estate will be administered under Arkansas intestacy rules.

See Arkansas statutes on probate and estates for the governing law: Arkansas Code and related probate rules (search Title 28 and the probate provisions at the Arkansas General Assembly site: https://www.arkleg.state.ar.us/).

3. Determine whether the executor has power to sell real property

There are three common situations:

• The will expressly grants the executor a power of sale. If so, the executor can usually sell property under the terms of the will, subject to the court’s supervision and any statutory notice requirements.
• The will is silent about sale. In that case, the personal representative usually needs the court’s authorization (a court order) before selling real estate, unless Arkansas law provides a default administrative power of sale for the representative. Because statutes and local practice vary, obtaining a court order removes uncertainty and protects the buyer and title company.
• There is no valid will (intestate estate). The court-appointed administrator will need court authority to sell property for the purposes of paying debts or making distributions, and the court will authorize a sale under Arkansas probate procedures.

4. Get the court order or confirm statutory authority

If the will does not grant clear power to sell, ask the probate court for an order authorizing the sale. Typical steps include:

1. File a petition for authority to sell estate real property. Describe the property, explain the reason for the sale (e.g., pay debts, equalize distributions, convert assets to cash for distribution), and state the proposed sale terms.
2. Provide required notices to heirs, beneficiaries, and creditors per the court’s rules and Arkansas law.
3. If the sale is contested, attend a hearing. The court will weigh the need for sale, fairness to beneficiaries, and the proposed sale price and terms.
4. When the court signs an order authorizing the sale, the personal representative can proceed and the order supports an administrator’s or executor’s deed that the title company will accept.

5. Clear clouds on title and pay debts

Before you can close a sale, ensure liens, mortgages, and valid creditor claims are addressed. The executor must collect assets, pay valid debts and taxes, and follow Arkansas notice requirements for creditors. If disputes about creditors or heirs exist, the court may require funds to be held in the estate or approval of the sale before distribution.

6. Use the proper deed and record the transfer

After closing, the personal representative executes an executor’s or administrator’s deed. Record the deed in the county where the property is located. The deed should reference the court’s authority (the probate case number and the court order authorizing the sale) so the county recorder and title company recognize the transfer.

7. Confirm tax and reporting obligations

Pay any estate taxes, file final income tax returns for the decedent, and report the sale on the estate’s accounting to the court. Keep careful records and provide an accounting to beneficiaries when the estate closes.

8. When a will is “outdated” because circumstances changed

An older will remains valid until revoked. If the will’s instructions are impractical (for example, it divides property that no longer exists or assigns assets that were sold during life), the executor must follow the court process to interpret the will and obtain orders to resolve distribution or sale. The probate process allows the court to address changed circumstances and authorize sales to effectuate the estate’s purpose.

9. Hire counsel or consult the court clerk if unsure

Probate practice is procedural and varies by county. If you face contested beneficiaries, unclear will language, or substantial real estate assets, an Arkansas probate attorney can draft the petition for sale, prepare required notices, handle creditor claims, and appear at hearings. You may also ask the local probate clerk for procedural guidance and available forms (but not legal advice).

Helpful Hints

• Locate the original signed will and any codicils. Copies are often not accepted for probate unless the original is unavailable and special procedures are followed.
• Gather ownership documents (deed), mortgage statements, tax bills, insurance, and the decedent’s list of assets and liabilities before filing.
• If the will grants a power of sale to the executor, include the will language with your petition to make it easier for the court to confirm authority.
• Provide timely notice to heirs, beneficiaries, and creditors. Failing to notify interested parties can delay the sale and later open the sale to challenge.
• If you plan to sell to a third party, get an appraisal or market analysis and present it to the court if you need approval. Courts look for a good-faith, commercially reasonable sale.
• Use an executor’s or administrator’s deed referencing the probate case number and court order authorizing the sale when recording the deed.
• Title companies want to see court orders or clear statutory authority. Getting the court order ahead of time prevents closing delays.
• Keep detailed records of notices, receipts, and disbursements. You will likely need these in your estate accounting to the court and to justify the sale to beneficiaries.
• Consult Arkansas probate resources and forms at the Arkansas Judiciary site: https://www.arcourts.gov/
• For the statutes governing probate and estates, refer to the Arkansas General Assembly website: https://www.arkleg.state.ar.us/ and search Title 28 (estates/probate) for specific code sections.

Quick checklist before selling estate property in Arkansas

1. Find original will(s) and evidentiary documents.
2. Open the probate case and get appointed as personal representative.
3. Confirm whether the will grants power to sell; if not, petition the court for sale authority.
4. Resolve mortgages, liens, and creditor claims or obtain court direction for handling them.
5. Obtain appraisal/market value and provide required notices.
6. Close sale under court supervision (if required) and record the executor’s deed referencing the probate case and court order.
7. Provide accounting and final distributions per court orders and the will or intestacy law.