What to Do When a Relative Has Sentimental Property During Probate in Arkansas

Short answer: You may be able to get sentimental items back, but the right steps depend on who legally owns the items, whether the estate has been opened, and whether an executor or personal representative is following Arkansas probate law. Start by confirming ownership, notify the estate representative, and use the probate court or a civil action (for example, replevin or conversion) if necessary.

Detailed answer — how this works under Arkansas law

This section explains how Arkansas law treats sentimental personal property during an estate administration and the common routes for recovery.

1. Is the item estate property or the sibling’s property?

Determine whether the sentimental item belonged to the decedent at death or was already the sibling’s (for example, an earlier gift). If the decedent owned it at death, the item is part of the estate and must generally be handled by the personal representative (executor) according to Arkansas probate rules. If the decedent gave the item to the sibling before death, the sibling may own it outright.

2. Check the will and estate paperwork

If the decedent left a will that specifically leaves the item to someone, the personal representative must follow the will. If the will gives a specific bequest of personal property (including sentimental items), the personal representative is responsible for distributing that property per the will and Arkansas probate law (see Arkansas Code, Title 28: Wills, Trusts, and Administration of Estates: https://www.arkleg.state.ar.us/).

3. Duties of the personal representative

When an estate is opened, the court appoints a personal representative with a duty to locate, inventory, protect, and distribute estate property according to the will or intestacy rules. If an estate item is in a sibling’s hands and belongs to the estate, you can ask the personal representative to demand its return. If the representative refuses or fails to act, interested persons can ask the probate court to compel compliance. See Arkansas Code Title 28 for the governing statutes and procedures: https://www.arkleg.state.ar.us/.

4. Recovery options if the sibling refuses to return an item

Ask the personal representative to recover the property: The representative has the primary duty to collect estate assets.
File a petition in probate court: If the representative will not or cannot get the item, an interested person (for example, an heir or beneficiary) can ask the probate court for relief — for example, a turnover order directing the sibling to return estate property or an order clarifying ownership.
Civil remedies: If the item was taken or kept outside probate rules (for example, if the sibling removed property without permission), the rightful owner or the estate may have civil claims such as replevin (a lawsuit to recover specific personal property) or conversion (damages for wrongful taking). Arkansas civil procedure and remedy statutes and court rules apply; you can start by reviewing Arkansas law and local court forms (Arkansas Code resources: https://www.arkleg.state.ar.us/; Arkansas Courts information: https://www.arcourts.gov/).
Criminal referral (rare): If the conduct appears to be theft, a referral to law enforcement is possible, but criminal authorities pursue public penalties and may not return property to the estate; criminal prosecution is separate from civil recovery.

5. Timing and practical concerns

Act quickly to preserve evidence and to assert rights. Probate administration has deadlines (for filing claims against the estate, inventories, accountings, and distribution). If an estate asset is disappearing, raise the issue with the personal representative and the probate court promptly.

6. Evidence and proof

To make a strong case you should gather evidence that the item belonged to the decedent at death or that the decedent intended the item to pass to someone else. Useful evidence includes photos, receipts, witness statements, prior letters or notes indicating ownership or gifts, and an inventory or appraisal prepared for the estate.

7. Practical pathway — step by step

Confirm whether an estate has been opened in the decedent’s county probate court.
Obtain and review the will and any estate inventory, if available.
Talk to the personal representative and make a written demand for return (keep a copy).
If the representative refuses or does not act, file a petition in probate court asking the judge to order turnover or clarification of ownership.
If probate remedies fail or if the property was wrongfully taken outside probate, consider a civil action (replevin or conversion) in the appropriate circuit court.
Consider alternative dispute resolution (mediation) to avoid costly litigation if parties are willing.

Common scenarios and likely outcomes

Item listed in the will to another beneficiary: The personal representative should deliver the item to the named beneficiary; if they don’t, ask the probate court to enforce delivery.
Item never in estate records but belonged to decedent: If you can show it belonged to the decedent at death, the estate or beneficiary can ask the court to order return.
Item was an inter vivos gift to the sibling: If the sibling can prove the decedent gave the item during lifetime, it may be their property and not recoverable through probate.
The sibling removed items after death: That may be wrongful; the estate can ask the probate court to order recovery or the estate/personal representative can bring a civil action.

How long will this take and how much will it cost?

Timing varies. Simple probate petitions can be resolved in weeks to months; contested proceedings or civil lawsuits may take many months and involve attorney fees, court costs, and possibly expert appraisal fees. Mediation or negotiation can shorten time and expense.

When to consult an attorney

Talk to a probate or civil attorney if:

You cannot identify whether the item belongs to the estate or the sibling.
The personal representative refuses to act.
The sibling refuses to return the item and you need to sue.
The item is valuable or highly sentimental and you want guidance on the best remedy.

Helpful hints

Preserve evidence: take photos, save messages, and collect witnesses who can attest to ownership or the decedent’s statements.
Request a copy of the estate inventory from the personal representative or probate court docket.
Send a written demand for return and keep proof of service.
Work with the personal representative first—courts expect the representative to be given a chance to act.
Consider mediation if family relationships are important and all parties are willing to cooperate.
Keep communications civil and documented; hostile exchanges can make court intervention more likely and damage family relationships.
Check local probate court resources and forms on the Arkansas Courts website: https://www.arcourts.gov/.

Where to find statutes and forms

Arkansas statutes governing wills, trusts, and estate administration are found in Arkansas Code Title 28. You can search the Arkansas Code and read relevant probate statutes at the Arkansas Legislature site: https://www.arkleg.state.ar.us/. For court forms and local procedural information, check the Arkansas Judiciary site: https://www.arcourts.gov/.

Disclaimer: I am not a lawyer. This article provides general information about Arkansas probate processes and civil remedies and does not constitute legal advice. For legal advice about your specific situation, consult a licensed Arkansas attorney.