Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
1. Understand the Administrator’s Duties
Under Arkansas law, a personal representative (often called an estate administrator) must collect assets, pay valid debts and taxes, and then distribute the remaining assets to beneficiaries. See Ark. Code Ann. § 28-46-101 (2021).
2. Request a Written Accounting
Begin by sending a formal written request to the administrator for a full accounting of the estate. The accounting should list all assets, debts, expenses, and proposed distributions. Keep proof of delivery (e.g., certified mail receipt).
3. File a Petition for Distribution
If the administrator delays or refuses to distribute your share, you may file a petition with the probate court under Ark. Code Ann. § 28-49-106 (2021) to compel distribution. Your petition should include:
- The estate’s case number and court.
- Your status as a beneficiary and your share.
- Proof that the administrator has settled debts and expenses.
- A request for the court to order distribution.
The court will set a hearing date and require the administrator to respond.
4. Attend the Court Hearing
At the hearing, present evidence of your beneficiary status and the administrator’s refusal. The court may:
- Order the administrator to distribute assets immediately.
- Approve a modified accounting and distribution plan.
- Set deadlines and impose sanctions for non-compliance.
5. Seek Remedies for Non-Compliance
If the administrator still fails to comply with a court order, you can ask the court to impose a surcharge or remove the administrator for breach of fiduciary duty under Ark. Code Ann. § 28-63-301 (2021). A surcharge makes the administrator personally liable for damages caused by misconduct or unreasonable delay.
Helpful Hints
- Document every request in writing and keep copies.
- Review the estate’s published notice to creditors to ensure all debts are settled.
- Confirm that funeral and administrative expenses are reasonable and properly documented.
- Consider consulting with a probate attorney for complex estates or significant disputes.
- Act promptly—Arkansas law imposes deadlines for estate settlement and distribution.