Detailed Answer
When a personal representative (executor or administrator) sells real property in a probate estate, the net proceeds must go to the heirs or devisees. In Arkansas, heirs can direct distribution of those sale proceeds by signing certain authorizations and releases. These documents ensure the probate court and the personal representative disburse funds according to everyone’s agreement, avoid further court hearings, and limit future claims.
1. Consent to Sale and Distribution
Under Ark. Code Ann. §28-42-112, a personal representative must obtain court approval before selling estate real property. Heirs often sign a written Consent to Sale and Distribution form, confirming they agree to the sale terms and the proposed split of net proceeds. This form attaches to the petition for confirmation of sale.
Ark. Code Ann. §28-42-112: link
2. Receipt and Release of Proceeds
After the sale, heirs sign a Receipt and Release acknowledging receipt of their share. This form typically includes:
- Name of the estate and personal representative.
- Total net proceeds from the sale.
- Individual distributions to each heir.
- A release clause barring future claims on those proceeds.
Heirs file the signed release with the clerk to close distribution under Ark. Code Ann. §28-41-201. link
3. Waiver of Final Account Hearing
If all heirs sign a Waiver of Final Account Hearing, the personal representative can submit a final account without a court hearing. This form speeds up closing the estate by confirming nobody requests a formal review of receipts and disbursements.
4. Disbursement Authorization
Some county probate clerks use an Estate Disbursement Authorization form. It itemizes proceeds, liens, expenses, and each heir’s share. The personal representative submits it with signed heir authorizations to the clerk’s office for payment from the estate bank account.
5. Power of Attorney (Optional)
If an heir cannot sign in person, Arkansas law allows a valid Power of Attorney granting an agent authority to execute distribution documents on the heir’s behalf. The POA must comply with Ark. Code Ann. §28-1-106.
In practice, counties vary on form names and formats. Check your local probate clerk’s website or the Arkansas Administrative Office of the Courts’ probate forms library.
Helpful Hints
- Review Ark. Code Ann. §§28-42-112 and 28-41-201 for statutory requirements on sale approval and distribution.
- Use the Arkansas AOC probate forms packet: arcourts.gov/probate-forms.
- Ask your probate clerk which county-specific forms they require.
- Obtain legal advice if heirs disagree on distribution percentages.
- Keep signed authorizations with the estate’s official file to avoid post-distribution disputes.