Detailed Answer
Under Arkansas law, a minor (anyone under age 18) cannot legally hold or manage property, including an inheritance or other estate interest. To protect the minor’s assets, the probate court must appoint either a guardian of the estate or, in certain proceedings, a guardian ad litem. Below is an overview of each process under Arkansas statutes and court rules.
1. Appointment of a Guardian of the Estate
A guardian of the estate handles the minor’s financial assets until the child reaches 18. Key steps include:
- Petition the Probate Court: Any interested party (e.g., the personal representative of an estate, a parent, or other relative) may file a petition in the probate division of the circuit court where the estate is administered.
- Statutory Authority: See Ark. Code Ann. § 28-46-101 (2023).
- Notice & Bond: The court sets a hearing date and may require notice to the child’s guardian of the person or custodian. Unless waived, the guardian of the estate must post a bond to secure faithful performance.
- Hearing & Appointment: At the hearing, the judge reviews the petition, bond, and any objections. If the appointment serves the minor’s best interests, the judge enters an order naming the guardian and defining the scope of authority.
- Duties of the Guardian: The guardian must file an initial inventory of estate assets, obtain court approval before major transactions, and file annual or final accounts for court review.
2. Appointment of a Guardian ad Litem
A guardian ad litem (GAL) represents a minor’s interests in a specific court proceeding—often when the minor’s rights in an estate are disputed or litigation arises. Key points:
- When Appointed: Either party or the court itself may request a GAL if questions arise about what is best for the minor’s estate interest.
- Legal Basis: While Arkansas has no single statute for probate GALs, courts rely on the general authority to protect minors. In other civil cases, see Ark. Code Ann. § 9-27-303 (2023).
- Role & Report: The GAL investigates the facts, confers with stakeholders, and files a written recommendation or report to the court before any final order affecting the minor.
- No Bond Required: Typically, a GAL need not post bond. The GALʼs duties end when the court resolves the dispute or approves a settlement.
Helpful Hints
- Start the guardianship petition early to avoid delays in managing the minor’s assets.
- Gather essential documents: the minor’s birth certificate, letters testamentary or administration for the estate, and asset valuations.
- Check if all interested parties consent. Consent can sometimes waive the bond requirement.
- Keep detailed records and submit timely accountings to the court to avoid removal or surcharge of the guardian.
- Consider consulting a probate attorney to guide you through Arkansas’s procedural requirements.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Arkansas for guidance specific to your situation.