Detailed Answer
Under Arkansas law, any “interested person” may petition the probate court handling the estate to remove a personal representative (executor or administrator) for mishandling estate assets. Arkansas Code Annotated § 28-41-105 authorizes removal for willful misconduct, mismanagement, or neglect of duty. You must follow these steps:
- Confirm Eligibility: An interested person includes beneficiaries, heirs, or creditors. See Ark. Code Ann. § 28-41-101.
- Draft the Petition: Identify the estate (estate file number, decedent’s name, court), name the personal representative, and set out specific facts showing mismanagement (e.g., unauthorized distributions, failure to inventory assets, conversion of funds). Cite Ark. Code Ann. § 28-41-105 (link).
- File in Probate Court: File your petition in the county where the probate case is pending. Pay the applicable filing fee under the county’s schedule of fees.
- Serve Notice: Serve the petition and any hearing notice on the personal representative and all interested parties. Arkansas Code Annotated § 28-41-108 covers notice requirements (link).
- Attend the Hearing: The court will schedule a hearing. Present evidence such as bank statements, inventories, correspondence, or witness testimony. The personal representative may defend against the allegations.
- Court Decision: If the court finds cause, it may remove the personal representative under Ark. Code Ann. § 28-41-105 and § 28-41-107(c) (link).
- Appointment of Successor: The court may appoint the successor nominated by beneficiaries. If no nominee qualifies, the court can appoint a public administrator under Ark. Code Ann. § 28-48-201.
- Appeal Rights: An aggrieved party may appeal to the circuit court under Ark. R. App. P.–Civ. 2 or file a motion for new trial under Ark. R. Civ. P. 59.
Helpful Hints
- Gather documentation of every transaction and communication with the personal representative.
- Review the personal representative’s required bond and consider a bond-claim action if assets are missing.
- Work quickly—probate courts enforce strict deadlines for notices and petitions.
- Consider mediation or settlement discussions before a contested hearing to save time and costs.
- Consult an attorney experienced in Arkansas probate practice to ensure compliance with all procedural rules.
Disclaimer: This article provides general information about Arkansas law and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.