Disclaimer

This article explains general concepts of Arkansas probate and real property law to help you understand next steps. It is educational only and is not legal advice. Consult a licensed Arkansas attorney about your specific situation.

Detailed answer — what this usually means, in plain language

When a current survey or preliminary title search shows a recorded deed transferring the property out of your mother’s estate decades ago, there are three broad possibilities:

1. The conveyance was valid and the buyer (or their successors) now owns the land.

   If a deed was properly signed, delivered, and recorded, and the buyer or later owners treated the land as theirs (and there are no defects like forgery or lack of capacity), the property is likely no longer part of your mother’s estate. In that case you would not have an ownership interest and cannot claim the property as estate property now.

2. The conveyance may be voidable or void (so you might have a claim).

   There are circumstances where a conveyance can be challenged even years later, for example if the deed was forged, signed after your mother’s death, executed by someone who lacked authority (for example, an executor acting without court authorization), signed under fraud or undue influence, or signed while your mother lacked legal capacity. If you have proof of one of these defects you may have a legal basis to challenge the transfer.

3. The transfer appears valid but other legal doctrines might affect who really owns it.

   Examples include adverse possession claims by others, a recorded lien or mortgage that still encumbers the land, or title disputes that were already decided in the past. If a buyer who received the deed later sold to a good‑faith purchaser for value, that buyer’s title may be protected.

How Arkansas procedures and records affect the result

Arkansas is a recording‑statute state: recorded documents establish public notice of a transfer. If the deed was recorded in the county where the land is located, the public record and the chain of title will usually control. You can search the recorder’s or clerk’s records for the deed and subsequent transfers. For information about Arkansas statutes and the code, use the Arkansas General Assembly site: https://www.arkleg.state.ar.us/. For state court filing and probate information, see the Arkansas Judiciary: https://www.arcourts.gov/.

Typical practical outcomes

• If records show a lawful transfer long ago and no credible defect exists, you likely have no legal interest and cannot force a sale or repossession of the property.
• If you believe the deed is fraudulent or improperly executed, you may be able to bring an action to void the transfer (for example, a quiet title action, cancellation of deed, or a suit to set aside conveyance) — but those claims can be complex and may be subject to statutes of limitation or laches (delay).
• If the deed was made by someone purporting to act for the estate (an executor or personal representative), check the probate file. If the executor acted without authority you may have a claim against the executor or the estate, but remedies depend on how long ago the probate closed and what actions were taken then.
• If the estate was already probated and closed and the property was distributed according to the probate record, reopening the estate to reclaim title is difficult unless you can show fraud or a fundamental error in the probate process.

Recommended immediate steps

1. Obtain a certified copy of the recorded deed(s) that the survey references from the county recorder or clerk where the land is located.
2. Obtain the probate case file for your mother (if any) from the county probate court to see whether the property was listed in estate inventories or distributions.
3. Order a full title search (through a title company or an attorney) to show the complete chain of title, recorded liens, and any judgments affecting the land.
4. If you suspect fraud, forgery, or improper administration of the estate, contact a probate or real estate attorney promptly to evaluate possible claims and timing concerns.

When you should expect to consult an attorney

If the deed appears to have defects (forgery, signed after death, lack of authority), if probate records suggest improper administration, or if you simply want to confirm whether you have any legal rights — hire an Arkansas lawyer who handles probate and real property disputes. A lawyer will review recorded documents, probate files, and any available evidence to assess your remedies and the feasibility of litigation.

Helpful Hints

• Gather documents before you speak to a lawyer: your mother’s will (if any), death certificate, any deeds you already have, tax statements, and the survey showing the conveyance.
• Check the probate docket where your mother’s estate was handled — the court file often contains inventories, accountings, and orders that clarify what property belonged to the estate.
• Get a full chain‑of‑title report from a title company; this is faster and often clearer than chasing individual record searches yourself.
• Ask whether title insurance exists for the property. If someone purchased title insurance when the land changed hands, the insurer’s files may contain prior deeds and explanations of any exceptions.
• Time matters. If you have a potential claim (fraud, forged deed, unauthorized executor actions), statutes of limitation and equitable defenses can end your rights if you wait too long.
• Do not attempt self‑help (for example, changing locks or removing occupants). That can create legal exposure and hurt your case.
• If a neighbor or buyer claims title by long possession, ask your attorney about adverse possession and whether the possession period in Arkansas affects your situation.
• If the property was conveyed after your mother’s death, the deed is likely void; get proof of the date of death and consult an attorney immediately.
• Keep written records of conversations and copies of all court or recording office documents you obtain.