Detailed Answer — How Arkansas courts handle commissioners and private sales in partition cases

Short answer: Yes — under Arkansas law a circuit court hearing a partition action can appoint an officer (often called a commissioner, master, or commissioner of sale) to handle sale procedures, and the court can approve a private sale rather than a public auction if the court finds the sale fair and in the parties’ best interests. However, the court has broad discretion and will require full disclosure, notice to all co-owners, evidence that the sale price is fair, and an opportunity for interested parties to object before confirming a private sale.

Why this is true: Partition procedures exist to divide property when co-owners cannot agree. Arkansas trial courts supervise those procedures and may delegate the mechanical tasks of valuing property, receiving bids, conducting sales, and reporting sale results to the court. A court-appointed commissioner performs those tasks and files a report for the judge to confirm. The judge then decides whether to confirm the sale and how to distribute proceeds among the co-owners.

What a court will consider before appointing a commissioner and approving a private sale

• Agreement or disagreement among the parties. If all co-owners consent to a private sale and appointment, the court is more likely to approve the arrangement.
• Fair market value evidence. The court generally expects an appraisal or comparable sales data showing the private sale price is reasonable.
• Procedure and notice. The court will require that all co-owners receive proper notice of the proposed sale, the commissioner’s role, and a chance to object before the sale is confirmed.
• Best interests of the co-owners and creditors. The judge will weigh whether a private sale is likely to produce a better return or avoid waste compared with a public sale.
• Commissioner qualifications and proposed duties. The court must be satisfied the appointed commissioner will act impartially, follow the court’s directions, and file a timely report.

Typical steps to request a commissioner and obtain approval for a private sale

1. File a motion asking the court to appoint a commissioner (or request, in the complaint, that the court appoint one later) and to authorize a private sale. Explain why a private sale benefits the estate or co-owners.
2. Propose an order describing the commissioner’s duties: marketing, accepting offers, collecting deposits, closing the sale, and filing a report and accounting with the court.
3. Provide supporting evidence: purchase agreement with buyer (showing price and terms), appraisal or broker opinion of value, proposed marketing steps, and disclosures about any relationship between the buyer and an owner.
4. Serve all co-owners and interested parties with the motion and proposed order. The court typically requires notice so parties can object.
5. If the court appoints a commissioner, the commissioner carries out the sale under the court’s instructions and later files a report and proposed distribution order.
6. The court holds a confirmation hearing. Parties can object. If the court finds the sale fair and lawful, it confirms the sale and enters an order distributing proceeds and closing the partition.

Common court concerns and objections

• Whether the sale price is below market value and whether the low price was caused by inadequate marketing.
• Whether the buyer has an unfair advantage (e.g., related to a co-owner) and whether full disclosure was made to the court and other owners.
• The adequacy of the commissioner’s authority and the clarity of the court’s order directing the sale.
• Whether creditors’ interests or liens were properly addressed before disbursing proceeds.

Statutory and procedural references

Partition actions and court procedures are governed by Arkansas statutes and the circuit court’s rules and case law. For the exact statutory provisions and current language that apply to your county and your facts, search the Arkansas Code on the Arkansas General Assembly site: https://www.arkleg.state.ar.us/. You can search that site for “partition” or “sale by commissioner” to find the relevant statutory sections and any amendments.

When a private sale is more likely to be approved

Judges commonly approve private sales when:

• All co-owners agree to a private sale and to the buyer’s terms.
• A qualified appraiser supports the sale price and the property was reasonably marketed.
• The sale will yield a better price than a public auction or will reduce costs and delays.
• There are contractual or practical reasons that a private sale is needed (for example, a willing buyer with financing ready).

When a private sale is unlikely to be approved

The court may deny a private-sale request if the proposal suggests unfairness, a conflict of interest, inadequate notice, or likely prejudice to co-owners or creditors. If the sale price appears to be well below market without explanation, the court may require a public sale or additional marketing steps.

Practical reasons to work with an Arkansas attorney

Filing the right motion, drafting a clear proposed order, assembling evidence of value, and ensuring proper notice and accounting are critical. An experienced Arkansas attorney can help prepare the record the court will need to approve a commissioner and a private sale and can help you respond to objections at the confirmation hearing.

Disclaimer: This article provides general information about Arkansas partition practice and is not legal advice. It does not create an attorney–client relationship. For advice about your specific situation, consult a licensed Arkansas attorney.

Helpful Hints — Practical checklist when seeking a commissioner for a private sale

• Start by asking all co-owners to sign a written agreement to the proposed private sale and to the appointment of a commissioner. Unanimous consent makes court approval easier.
• Get a current appraisal or broker price opinion and include it with your motion. Courts favor independent valuation evidence.
• Prepare a detailed proposed order listing the commissioner’s duties, compensation, timeline, how deposits will be handled, and how the commissioner must report back to the court.
• Disclose any connections between the buyer and any current owner. Full transparency reduces objections.
• Provide a marketing plan if the buyer is not ready to close quickly; show what steps you took to seek competitive offers.
• Give clear notice to co-owners and lienholders and allow time for objections before a confirmation hearing.
• Be ready to show how proceeds will be distributed and how liens, taxes, and expenses will be paid at closing.
• Consider whether sale-related costs (commissioner fees, broker fees) will be paid out of proceeds or apportioned among co-owners.
• If there’s any dispute about fairness or value, expect the court to consider a public sale as an alternative.
• Consult a local Arkansas attorney early — especially if co-owners oppose the sale or if a co-owner is also a buyer.