Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Arkansas probate attorney for guidance tailored to your situation.
Detailed Answer
When someone dies in Arkansas with assets subject to probate, the personal representative (executor or administrator) must follow specific notice requirements and procedures to alert creditors—including medical debt collectors—of the estate’s administration. Arkansas law sets both the method of notice and the time limits for filing claims.
1. Who Must Provide Notice
The personal representative has a statutory duty to notify all known creditors and to provide constructive notice to unknown creditors. “Known creditors” include anyone with a claim against the estate whose identity and address the representative can reasonably discover, such as a hospital or physician’s office that treated the decedent.
2. Notice to Known Creditors by Mail
Within three months after appointment, the personal representative must mail a copy of the notice to each known creditor at the creditor’s last known address. The notice must:
- Identify the decedent.
- Name the personal representative and the probate court case number.
- State the deadline to file a claim (see Bar Date below).
- Be sent by first-class mail.
Statute: Ark. Code Ann. § 28-41-402 (Notice to Known Creditors by Mail). Link.
3. Notice to Unknown Creditors by Publication
For creditors whose identities or addresses are not reasonably ascertainable, the personal representative must publish a notice once a week for three consecutive weeks in a newspaper of general circulation in the county where probate is pending. The publication notice must:
- Name the decedent and the personal representative.
- Specify the court and case number.
- State the bar date for filing claims.
Statute: Ark. Code Ann. § 28-41-403 (Notice to Unknown Creditors by Publication). Link.
4. Time Limits and Bar Date
Arkansas law gives creditors a limited window to submit claims against the estate:
- 90 days after the first date of publication of notice.
- Or six months from the date of the personal representative’s appointment, whichever is earlier.
Claims not filed by the earlier bar date are forever barred, subject to certain narrow exceptions (fraud, excusable neglect).
Statute: Ark. Code Ann. § 28-41-406 (Bar of Claims). Link.
5. Specifics for Medical Debt Collectors
Medical providers and their debt collectors are treated like other creditors. If a hospital or doctor’s office is a known creditor, you must mail them notice. If the collector’s identity or address is unknown, it will be covered by publication. Always verify the collector’s address through the National Practitioner Data Bank or by contacting the provider directly.
Helpful Hints
- Start early: Gather a list of medical bills and other outstanding debts as soon as possible.
- Keep proof: Retain copies of mailed notices and publication affidavits.
- Track deadlines: Mark the first publication date to calculate the 90-day claim period.
- Confirm receipt: Follow up with known creditors if mail is returned or unclaimed.
- Consult counsel: An Arkansas probate attorney can help you avoid errors and missed deadlines.