How beneficiaries can obtain an estate accounting during probate in Arkansas

Disclaimer: This information is educational only and not legal advice. If you need legal help about a specific probate matter, contact a licensed Arkansas attorney.

Detailed Answer

Yes. Under Arkansas probate practice, beneficiaries and interested parties can ask the probate court to require a personal representative (executor or administrator) to provide an accounting of estate assets and transactions during administration. Probate in Arkansas is governed by the Arkansas Code (Title 28), which sets the rules for inventories, accountings, notice, and court supervision of estate administration. See Arkansas Code Title 28: Wills, Administration of Estates, and Fiduciaries: https://www.arkleg.state.ar.us/ArkansasCode/Title/28

Key points you should know:

Who can request an accounting: A person with standing—typically a surviving spouse, heir, devisee, legatee, creditor, or other person with an interest in the estate—may ask the court to order an accounting.
When an accounting is available: An accounting can be requested at various stages: when the estate is open, during administration if concerns arise, or at final settlement. Arkansas law requires personal representatives to make inventories and report administration activity; beneficiaries can require the court to compel full formal accountings if needed.
Informal vs. supervised administration: If the estate is being administered informally (with less court supervision), beneficiaries still retain rights to request inventories, explanations, and formal accounting. If the estate is supervised, the court already exercises closer oversight and may require periodic accountings.
What an accounting includes: A complete accounting lists estate assets at the start, receipts during administration (income, sale proceeds), disbursements (payments to creditors, taxes, expenses), distributions to beneficiaries, and the estate’s cash and asset balance at the accounting date. The accounting should attach supporting documents: bank statements, receipts, sale contracts, appraisal or valuation documents, and proof of payments.
How to ask the court: Typically you file a petition or motion with the probate court requesting an order compelling the personal representative to file an accounting or to provide a specific inventory or accounting report. The petition explains why you believe an accounting is necessary (for example, missing inventory, unexplained sales, allegations of mismanagement). The clerk sets a hearing; the personal representative must respond.
Remedies if the personal representative refuses or mismanages assets: The court can order production of the accounting and supporting documents; it can authorize further discovery; it may remove or surcharge (hold financially responsible) the personal representative for losses caused by misconduct or negligence; and it may impose other sanctions. If fraud or theft is alleged, criminal authorities may also become involved.
Costs and attorney fees: The court can award costs or reasonable attorney fees against the estate or against a personal representative in certain circumstances. Arkansas statutes and case law guide when attorney fees are recoverable; courts often consider whether the petition was reasonable and whether the representative acted improperly.

Practical timeline and steps (typical):

Gather any estate documents you already have: the will (if any), letters testamentary or letters of administration, any inventories already filed, bank statements you can access, and notices sent by the personal representative.
Try an informal request first: Ask the personal representative in writing for an inventory or an accounting. Sometimes a written demand resolves the issue without court action.
If the representative does not provide requested documents, file a petition or motion in the probate court asking the judge to compel an accounting. Include specific factual allegations and identify your interest in the estate.
Attend the hearing with evidence and witnesses as needed. The judge can order the representative to file a full accounting and produce supporting records.
If necessary, request additional remedies such as removal, surcharge, or appointment of a special administrator to protect estate assets.

Where to look in Arkansas law and court resources:

Arkansas Code Title 28 (Wills, Administration of Estates, and Fiduciaries): https://www.arkleg.state.ar.us/ArkansasCode/Title/28
Arkansas Judiciary (court locator, probate rules, local courts): https://www.arcourts.gov/

Common scenarios and what they mean

Scenario: The personal representative sold estate property and did not report the sale or accounting. Action: Request a written accounting and supporting sale documents; if not provided, petition the court to compel a formal accounting and document production.

Scenario: No inventory was filed and months have passed. Action: Demand an inventory immediately in writing. If ignored, file a motion to compel. Courts often require inventories to protect creditors and beneficiaries.

Scenario: You suspect theft or conversion. Action: Preserve evidence and consider asking the court for an emergency order, removal of the representative, or appointment of a temporary custodian. You may also contact law enforcement.

Helpful Hints

Ask for a written inventory first. A courteous written request documents your concerns and may fix the problem without court action.
Keep records of all communications with the personal representative (emails, letters, texts). The court will want proof of your requests and attempts to resolve the matter informally.
Know your standing. Confirm you are a beneficiary, heir, or otherwise have an interest—this establishes the right to ask for an accounting.
Request precise records. Ask for bank statements, receipts, sale documents, appraisal reports, and canceled checks. A quality accounting must be supported by documentary evidence.
Consider mediation. If disputes hinge on interpretation rather than misconduct, mediating with the representative can save time and money.
Time matters. Seek an accounting before final distribution or discharge of the personal representative. Once the court approves a final settlement and discharges the representative, it becomes harder to unwind distributions.
Get legal help when necessary. If the matter involves large assets, complex transactions, potential fraud, or contested accounting entries, an Arkansas probate attorney can file the proper petitions, take discovery, and argue for appropriate remedies.

Next steps if you need to act

1) Compile your documentation and timeline of events. 2) Send a written request for an inventory/accounting to the personal representative and keep a copy. 3) If the request is ignored or inadequate, file a petition in the probate court asking the judge to order a formal accounting and to compel document production. 4) If needed, discuss removal, surcharge, or appointment of a special administrator with an attorney.

Remember: probate practice involves specific local court procedures and filing requirements. Contact the probate clerk’s office where the estate is pending for local forms and filing rules and consider consulting an Arkansas probate attorney to protect your interests.