Short answer

If someone withdraws money or charges accounts of a deceased parent without authority, the probate court and the personal representative can reverse improper payments, require an accounting, and seek recovery. Beneficiaries can object to accountings, ask the court to surcharge (hold the personal representative or third party liable), and pursue civil claims or criminal referrals for theft or conversion. Actions and deadlines follow Arkansas probate rules and statutes.

Detailed answer — how unauthorized charges are handled in Arkansas probate

1. Who has authority over the estate after death?

When someone dies, the court appoints a personal representative (executor or administrator). The personal representative has a fiduciary duty to collect assets, preserve estate property, pay valid debts and taxes, and distribute what remains to rightful beneficiaries under the will or law.

2. What counts as an unauthorized charge?

Unauthorized charges include bank withdrawals, credit-card charges, bill payments, transfers from estate accounts, or vendor invoices paid after death that were not approved by the personal representative or were outside the scope of proper estate administration. Charges by a personal representative that benefit that person, or charges by a third party who lacks legal claim to funds, are typical examples.

3. Immediate steps the personal representative or beneficiaries should take

• Secure assets: Freeze or place estate accounts under the control of the personal representative where possible.
• Gather records: Collect bank statements, credit-card statements, receipts, invoices, check images, and online-account logs showing the unauthorized activity.
• Demand an accounting: The personal representative must produce an accounting of receipts, disbursements, and distributions to beneficiaries. Beneficiaries may formally request this from the court if it is not provided voluntarily.
• Notify the bank: Ask the financial institution for reversal options, and request copies of transaction records and any surveillance or internal notes related to the transactions.

4. Probate court remedies in Arkansas

Arkansas probate courts supervise estate administration. Typical remedies for unauthorized charges include:

• Requiring an accounting: The court can order the personal representative to file a detailed accounting of estate funds and transactions.
• Surcharge: If the court finds the personal representative improperly paid, permitted, or failed to prevent improper charges, the court can surcharge (financially hold) the personal representative for losses and interest.
• Removal and replacement: For serious misconduct, the court may remove the personal representative and appoint a replacement.
• Turnover and restitution: The court can order repayment to the estate from the personal representative or other parties who improperly received estate funds.
• Civil claims: Beneficiaries or the estate can sue third parties or the personal representative for conversion, breach of fiduciary duty, negligence, or unjust enrichment.
• Criminal referral: If theft or fraud is suspected, the personal representative or beneficiaries can report the conduct to law enforcement for possible criminal prosecution.

5. Who can bring a claim or object?

Beneficiaries, heirs, the personal representative, or creditors with standing may file objections in probate court or bring separate civil claims. If the personal representative caused the unauthorized charges, beneficiaries can petition the court for relief, including surcharge and removal.

6. Timing and deadlines

Arkansas law sets rules for probate administration, notice to creditors, and claim presentation. Those deadlines affect claims against the estate and actions against the estate’s representative. Because timing varies with circumstances (dependent or independent administration, whether creditors received notice, and other factors), act promptly: preserve evidence, request accountings, and consult an Arkansas probate attorney early to protect rights and meet any statutory deadlines.

7. Evidence and proof

Successful recovery usually requires documentation showing the unauthorized transactions and linking them to the person who took the funds. Useful evidence includes bank and credit-card records, cancelled checks, vendor invoices, emails or text messages authorizing or explaining payments, and internal bank communications or surveillance. Detailed, chronological documentation strengthens a petition to the probate court or a civil case.

8. Typical court process in Arkansas

1. File a petition or objection in the probate court handling the estate asking for an accounting, surcharge, or other relief.
2. Serve interested parties and allow them to respond.
3. The court may hold a hearing where evidence and witness testimony are presented.
4. If the court finds improper charges, it can order repayment, interest, removal of the personal representative, or other remedies.

9. Statutes and official resources

Arkansas’s probate and estate administration rules appear in the Arkansas Code (Title 28 and related provisions). For official statutes and specific procedural rules, consult the Arkansas Code and local probate court rules:

• Arkansas Code (official site): https://www.arkleg.state.ar.us/
• Arkansas probate and administration statutes (search Title 28 on the Arkansas legislature site for provisions on the duties of personal representatives, accountings, and creditor claims).

Because statute sections and rule numbers change, review the current Arkansas Code or speak with an Arkansas probate attorney for precise statutory citations and deadlines that apply to your situation.

When to involve law enforcement

Unauthorized use of estate funds may be a civil matter, a criminal offense, or both. If you see signs of intentional theft, forged signatures, or fraud, report the matter to local law enforcement or the county prosecutor. Law enforcement can investigate theft, fraud, or financial exploitation. The probate court can continue civil oversight even while criminal investigations occur.

Practical examples (hypothetical)

Example 1: A bank account in the deceased parent’s name had recurring automatic transfers set up by a child. After death, the child continued transfers into a personal account. The personal representative discovers the transfers, asks the bank to reverse unauthorized transfers, files an accounting with the court, and asks the court to surcharge the child and order restitution.

Example 2: A caregiver paid themselves for services not approved by the personal representative after the parent died. Beneficiaries request a full accounting, the court orders repayment for the unauthorized payments, and the beneficiaries refer records to law enforcement for possible criminal charges.

Helpful hints

• Secure electronic and paper records immediately: download or copy bank statements, transaction histories, and login records before they are changed or deleted.
• Ask the financial institution for a freeze or temporary hold while the probate representative is appointed.
• Request a formal accounting from the personal representative in writing. If the response is incomplete, file a petition in probate court asking for a court-ordered accounting.
• Document chronology: create a timeline of transactions, when the decedent died, when the personal representative was appointed, and when each disputed charge occurred.
• Consider both civil and criminal routes: reporting suspected theft to law enforcement does not prevent you from asking the probate court for civil relief.
• Act promptly: statutes of limitation and creditor-notice periods can limit remedies.
• Talk to an Arkansas probate attorney early. An attorney can file motions, prepare a surcharge claim, and preserve rights within time limits specific to Arkansas law.