Fixing Errors in Arkansas Probate Paperwork: What to Do If the Wrong Siblings Are Listed

Short answer: If probate paperwork in Arkansas lists the wrong siblings, act promptly. The fix depends on whether the mistake is clerical (a simple typo) or substantive (the wrong persons were named as heirs). You will usually correct clerical mistakes by asking the probate clerk or judge for a correction and correct substantive errors by filing an amended pleading or a petition to reopen or amend the record and serving interested parties. Read on for step‑by‑step guidance, what documents you will need, and when you should talk to an attorney.

Disclaimer

This article explains general information about Arkansas probate procedures and is not legal advice. Consult a licensed Arkansas attorney to address your specific situation.

Detailed answer — how to correct wrong sibling names in Arkansas probate cases

1. First determine the type and impact of the error

Clerical error: A misspelled name, wrong middle name, or a one‑line listing of the wrong sibling where intent is otherwise clear. Clerical errors are often fast to fix.
Substantive error: The probate filing lists a person who is not an heir, or omits a rightful heir entirely. These errors affect who gets notice and who may inherit and typically require formal court action.
Timing matters: Is the estate still open and being administered, or has the court already closed it and property been distributed? Corrective steps differ depending on whether distributions have occurred.

2. Immediate steps you can take

Get certified copies of the probate file from the local probate clerk. Read the filings to confirm exactly what was filed and what the court has entered.
Speak with the personal representative (executor) and the probate clerk. Clerical corrections might be done quickly by submitting a proposed correction or an agreed order.
Collect proof of the correct family relationships: birth certificates, marriage certificates, prior wills, affidavits from family members, and death certificates. These documents support any amendment or petition you file.

3. Fixing clerical errors (often the quickest route)

If the error is obviously a clerical mistake, the clerk or judge can correct the record. Typical steps:

Prepare a short document titled something like “Motion for Clerical Correction” or “Notice of Correction and Proposed Order.” Explain the error and provide evidence (for example, a birth record or an affidavit).
File the motion and submit a proposed order that the judge can sign to correct the court record.
Serve the motion on interested parties if local rules require. The clerk can tell you the local procedure.

4. Fixing substantive errors (formal amendment or reopening)

When the wrong people were named as heirs or someone was omitted, courts generally require a formal filing so that all interested parties get notice and a chance to be heard. Common actions:

File an amended petition or pleading: If the probate case is still open, the personal representative or another interested party can file an amended petition, amended list of heirs, or an amended inventory, depending on what was wrong. The amended filing should explain the error and attach supporting documents.
Petition to reopen a closed estate: If the estate already closed or the court entered a final distribution, an interested party may need to file a petition to reopen the estate based on mistake, newly discovered evidence, or fraud. If the court reopens the estate, the judge can order corrections and potentially require return of wrongfully distributed assets.
Heirship or declaratory relief actions: In contested cases about who is an heir, parties sometimes ask the court to determine heirship or file a contest. Arkansas courts handle heirship disputes through probate proceedings or separate actions where appropriate.

5. Notice and opportunity to object

Arkansas probate procedure requires notice to interested persons when filings change who may inherit or when distributions may change. Expect that the court will set deadlines for objections, and interested parties may seek a hearing. That is why formal filings and service are important — informal corrections can be reversible if someone objects later.

6. If distributions already happened

If the court already approved distributions and later discovers a mistake, an affected heir may ask the court to recover assets from persons who received property in error. The court can order an accounting or repayment in some cases.
Time limits and defenses (for example, good‑faith recipient defenses) can affect recovery. Acting quickly improves your chances of remedy.

7. Where the law in Arkansas matters

Arkansas probate matters fall under the Arkansas statutes that govern probate and estate administration (Title 28 of the Arkansas Code). For statutory text and procedures, consult Arkansas Code Title 28 and the local probate court rules. You can view Arkansas statutes and search Title 28 at the Arkansas Legislature website: https://www.arkleg.state.ar.us/. For practical probate forms and court information, consult the Arkansas Judiciary at https://www.arcourts.gov/.

8. When to hire an Arkansas probate lawyer

Consider hiring an attorney if:

The error is substantive or will change who inherits.
Distributions already occurred or the estate closed.
Multiple people dispute heirship or the facts are contested.
You need help drafting the correct motion, serving interested parties, or presenting evidence at a hearing.

Helpful Hints

Act quickly. The sooner you correct the record, the fewer complications and fewer chances of irreversible distributions.
Get certified copies. Order certified copies of the probate file before you file anything. They show exactly what the court has entered.
Document relationships. Gather birth certificates, marriage certificates, family bibles, obituaries, and sworn affidavits to prove who is related to the decedent.
Talk to the personal representative and clerk first. They can tell you whether a clerical correction will do or whether you need to file an amended pleading.
Serve all interested parties. Proper notice reduces the chance someone later challenges the correction for lack of notice.
Be prepared for fees and hearings. Courts may require filing fees and will sometimes set a hearing if anyone objects.
Consider mediation. If multiple family members dispute heirship, mediation can resolve issues faster and cheaper than protracted litigation.
Keep copies of everything you file with the court and every communication about the error.

Where to find more information

Arkansas statutes (probate/estate law): Arkansas Legislature — https://www.arkleg.state.ar.us/
Arkansas Courts and probate resources: Arkansas Judiciary — https://www.arcourts.gov/
Local probate clerk’s office: Contact the probate clerk in the county where the estate is filed for local forms and procedures.

If you want, tell me whether the estate is still open or is closed, whether distributions have been made, and a short description of the error (for example, only a misspelling vs. completely wrong people named). I can then suggest the likely filing title and evidence you would attach for Arkansas probate court.