Short answer

Yes. In Arkansas, an administrator holds estate property as a fiduciary for the benefit of the estate’s beneficiaries and does not have personal ownership unless the court orders it. If you believe an administrator is improperly claiming ownership of real property you are entitled to inherit, you can challenge that claim in probate court and, in some cases, in circuit court. Typical remedies include objecting to the administrator’s acts, filing for an accounting, asking the court to remove the administrator or surcharge the administrator for wrongful conduct, and pursuing an action to recover or quiet title to the property.

How administrators are supposed to hold estate property

When someone dies without a will or with one that requires estate administration, the probate court appoints an administrator (sometimes called a personal representative). The administrator’s legal title to estate property is fiduciary: they hold it for distribution according to Arkansas law. The administrator must follow court orders and Arkansas probate law, preserve estate assets, pay valid debts, and distribute remaining property to heirs or beneficiaries. They generally cannot convert estate property to personal property without court authorization.

What you can do — step‑by‑step

1. Get the probate file and inventory. Visit the probate clerk where the estate is open and ask for the court file. Review the administrator’s inventory and any orders or petitions (sales, distributions, accounting). Public court records will show what rights the administrator claims.
2. Confirm your status as an heir or beneficiary. Ask the administrator and the court for documentation showing the estate’s proposed distribution. If you expect the property under Arkansas intestacy rules, confirm that relationship in writing and with copies of birth/marriage records if needed.
3. Object or file exceptions to proposed actions. If the administrator petitions to sell, distribute, or otherwise treat the property in a way you disagree with, you can file a written objection with the probate court and ask for a hearing. Attend hearings and present evidence why the action would harm your inheritance.
4. Demand an accounting. If you suspect the administrator is mishandling assets, petition the court for an accounting of receipts, disbursements, and actions taken regarding estate property.
5. Move to remove or surcharge the administrator if warranted. If the administrator commits misconduct (self‑dealing, conversion, gross neglect), you may ask the court to remove them and/or impose a monetary surcharge for losses to the estate.
6. File a civil action to recover title or quiet title. If the administrator claims personal ownership in conflict with your interest, you may file a petition in probate to determine ownership or a separate quiet title action in circuit court to clear title. If the administrator sold property without authority, you may have claims for conversion, constructive trust, or to set aside fraudulent transfers.
7. Preserve evidence and act promptly. Collect deeds, closing statements, bank records, communications, photographs, and witness statements. Probate disputes often have time limits; the faster you act the better your chances of preserving rights.

Common legal tools heirs use in Arkansas probate disputes

• Objection to inventory or petition: A formal filing in probate court that disputes a specific administrator action.
• Petition for accounting: Court‑ordered detailed financial report of the administrator’s handling of estate assets.
• Petition for removal or surcharge: Request to remove an administrator or hold them personally accountable for losses caused by misconduct.
• Petition to adjudicate title in probate: Procedure in some cases to determine ownership of estate property within the probate case.
• Quiet title or replevin action in circuit court: Civil lawsuit to clear or recover legal title to real property.

Arkansas law and where to look

Arkansas statutes that govern probate, administrators’ duties, inventories, and fiduciary responsibilities are found in the Arkansas Code under probate and related matters. For a starting point, consult the official Arkansas Legislature website for probate statutes and text of the code: Arkansas Code (Arkansas Legislature). The Arkansas courts also provide information and local probate clerks can provide filings and guidance on procedure: Arkansas Courts (arcourts.gov).

Because procedures and available remedies depend on the facts and on the exact filings in the probate case, it’s important to review the actual estate pleadings and local rules. If the administrator has taken title to property in their name or transferred property to a third party, quick action may be required to preserve your rights.

Evidence that strengthens your challenge

• Copy of the deed showing current owner name(s).
• Probate court filings: appointment of administrator, inventory, petitions to sell, orders.
• Communications (emails, letters, text messages) showing the administrator’s intent to treat property as personal.
• Bank and closing records showing transfers, sales, or misapplied estate funds.
• Witness statements or affidavits about actions the administrator took without court approval.

Practical timeline and tips

• Act quickly: probate matters are time‑sensitive. Delay can make it harder to undo transfers or recover property.
• Request copies of all probate filings from the clerk — many local clerks will charge a small fee.
• Keep communications documented and polite. Try to resolve issues by motion and hearing before escalating to separate lawsuits, if possible.
• If you suspect theft or criminal conversion, you may also contact law enforcement; criminal charges are separate from civil probate remedies.

When to hire an attorney

If the administrator refuses to provide information, claims personal ownership, sold property without court authorization, or you suspect misappropriation, consult a probate attorney as soon as possible. An attorney can:

• Review the probate file and identify the administrator’s legal authority and any defects in actions taken.
• File objections, petitions for accounting, removal, or surcharge, and represent you at hearings.
• Start a quiet title or recovery action in circuit court if necessary.

Helpful Hints

• Preserve documents: keep all deeds, court notices, bank records, and emails in one place.
• Request an inventory early — the inventory is the official record of estate assets.
• Attend probate hearings and bring a written summary of your concerns and evidence.
• Ask the clerk for local probate procedures and filing deadlines; processes vary by county.
• Consider mediation if the other heirs and the administrator are willing — it can be faster and less expensive than litigation.
• If property was transferred to a third party for little or no value, ask the court to examine the transfer for fraud or preferential treatment.