How to Challenge a Sibling’s Final Accounting in an Arkansas Parent’s Estate

Detailed answer — overview of your options under Arkansas law

If a personal representative (often called an executor or administrator) filed a final accounting and you received no notice, you may have several remedies under Arkansas probate law. The primary concepts to understand are notice and due process, the right to an accounting, and the right to object to a final settlement.

1) Why notice matters

Notice gives interested persons (heirs, beneficiaries, creditors) a chance to review accountings, records, and distributions and to object if something is wrong. A final accounting approved without proper notice can violate your right to be heard and may be set aside or reopened by the probate court.

2) Where to find the law

Arkansas probate statutes and rules govern the duties and accountings of personal representatives. See the Arkansas Code, Title 28 (Probate) for the statutory framework: Arkansas Code, Title 28 (Probate). For court procedures and filing requirements, check the Arkansas courts site: Arkansas Judiciary (arcourts.gov).

3) Common legal grounds to challenge a final accounting

• Failure to provide required notice to interested parties (lack of due process).
• Material errors or omissions in the accounting (missing assets, incorrect balances).
• Undisclosed or improper transactions (self-dealing, preferential transfers to one beneficiary).
• Breaches of fiduciary duty by the personal representative (negligence, conflict of interest).
• Forgery, fraud, or fraudulently omitted beneficiaries.

4) Practical steps to challenge a final accounting in Arkansas

1. Get the court file and review the pleadings. Go to the probate clerk where your parent’s estate was opened and request copies of the petition for administration, inventories, interim accountings, the final accounting, and the clerk’s record of who was mailed notice.
2. Confirm whether the court required notice and how it was given. The file should show whether the court ordered notice and to whom it was mailed. If you are not listed, that is evidence that you were not given notice.
3. File a written objection or motion to set aside the final accounting. If you find no notice or find problems in the accounting, file an objection (sometimes termed a motion to reopen, motion to set aside or petition to vacate the settlement). Ask the court to schedule a hearing and order production of the representative’s records and bank statements.
4. Request an accounting and supporting documents. Even if the final accounting was filed, you can ask the court to require the personal representative to produce ledgers, bank statements, receipts, and distribution documentation.
5. Seek temporary relief if funds are being removed. If assets may be dissipated, ask the court for injunctive relief, an order freezing distributions, or removal of the personal representative.
6. Consider asking the court to remove the personal representative. If there is evidence of misconduct or breach of fiduciary duty, you may request removal and appointment of a successor.
7. If necessary, file a civil action. In addition to probate objections, you may have separate causes of action (conversion, fraud, breach of fiduciary duty) that an attorney can bring in circuit court if the probate remedy is insufficient.

5) Evidence you should gather

• Proof of beneficiary status (death certificate, wills, family records).
• Any communications showing you were not notified (mail records, affidavits).
• Bank statements or proof of transfers you suspect were improper.
• Copies of any filings you obtain from the probate clerk (inventory, receipts, accounting).
• Witness statements about the decedent’s intentions and knowledge of distributions.

6) Timing — act quickly

Probate courts expect interested persons to act promptly. Statutory deadlines and equitable doctrines (laches) can limit your options if you wait too long. Even if you missed a procedural deadline, courts sometimes reopen estates when a party can show they were never given notice. Contact the probate clerk or an attorney promptly to learn applicable deadlines in your case.

7) What the court can do

• Set aside the final accounting or decree and order a new accounting and hearing.
• Require the personal representative to produce supporting documentation and explain transactions.
• Order restitution, surcharge the personal representative for losses caused by misconduct, or adjust distributions.
• Remove and replace the personal representative where appropriate.

8) When to hire a probate attorney

If the amounts involved are significant, if you suspect fraud, or if the personal representative resists providing records, consult a lawyer experienced in Arkansas probate litigation. An attorney can prepare pleadings, gather evidence through subpoenas, and represent you at hearings.

Statutory reference: Arkansas probate law is located in Title 28 of the Arkansas Code. For the text of the probate statutes, see Arkansas Code, Title 28 (Probate). For court filing procedures and local forms, visit the Arkansas Judicial Branch: https://www.arcourts.gov.

Helpful Hints

• Act quickly — request the court file immediately to verify whether you got formal notice.
• Document everything: keep copies of any mail, emails, texts, and notes of conversations related to the estate.
• Ask the probate clerk how notice was sent (mail, publication, personal service) and request proof of mailing.
• If you cannot afford an attorney, ask the clerk for local legal aid referrals or limited-scope representation options.
• If assets already moved, ask the court for emergency relief to preserve the estate while the dispute is resolved.
• Consider mediation if the family wants to avoid long litigation and preserve relationships.
• Keep expectations realistic — probate contests take time and courts balance finality with fairness.