Disclaimer: This article provides general information under Arkansas law. It is not legal advice.
Detailed Answer
Under Arkansas probate law, personal representatives (often called executors or administrators) must file a final accounting in the probate court to report all transactions during estate administration. Arkansas Code Annotated § 28-56-201 sets the deadline, generally requiring the final account within nine months after appointment or within a court-appointed timeframe. If you cannot meet this deadline, you can seek additional time.
To request an extension, follow these steps:
- Review the Deadline: Locate your initial accounting deadline in the court’s appointment order or see Ark. Code Ann. § 28-56-201 (Section 28-56-201).
- Draft a Written Motion: Prepare a motion titled “Motion for Extension of Time to File Final Accounting.” In it, state the original deadline, explain why you need more time (e.g., complex assets, delayed appraisals, beneficiary disputes), and propose a new deadline.
- Provide Supporting Facts: Attach an affidavit or declaration with details such as asset types, valuation status, and efforts made to complete the accounting.
- Cite the Extension Authority: Reference Ark. Code Ann. § 28-56-207 (Section 28-56-207), which authorizes the court to grant additional time for good cause shown.
- File and Serve: File the motion with the probate court clerk before the existing deadline. Serve a copy on all interested parties, including beneficiaries and co-personal representatives.
- Attend the Hearing: The court may set a hearing date. Be prepared to explain your reasons and answer any questions.
- Obtain a Court Order: If the court grants the extension, obtain the signed order stating the new deadline. Keep a copy in your estate file.
Helpful Hints
- Start early. Gather financial records and appraisals well before the deadline.
- Communicate with beneficiaries. Inform them if you anticipate delays.
- Check local rules. Some counties have specific probate filing procedures and fees.
- Keep detailed records. Organized records strengthen your motion for extension.
- Consult a probate attorney. Even if you handle administration yourself, an attorney can help with procedural filings.
- Track deadlines. Use calendar reminders for both original and extended deadlines.
- File complete account. Use the extra time to prepare accurate schedules of assets, liabilities, receipts, and distributions.