Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
Under Arkansas probate law, heirs may petition a court to reopen a closed estate when new assets surface after final distribution. Arkansas Code § 28-39-108 (Revivor of administration) authorizes interested parties to file for revival of an estate administration.
Step 1: Confirm Eligibility
Determine whether undiscovered assets—such as bank accounts, investment securities, or real property—exist. The estate must have closed under administration or summary procedure.
Step 2: Prepare and File Your Petition
- Title the document “Petition to Revive Administration of the Estate of [Decedent’s Name].”
- Cite Arkansas Code § 28-39-108. (Link to statute)
- Explain your relationship to the decedent and detail the assets discovered.
- Provide supporting documents (e.g., bank statements, deeds).
Step 3: Serve Notice on Interested Parties
Arkansas Code § 28-39-110 requires notice to all heirs, creditors, and the former personal representative. File proof of service with the court clerk.
Step 4: Attend the Hearing
The court will schedule a hearing. Present evidence of the newly discovered assets and argue why reopening is necessary. If granted, the judge will issue an order reviving administration or appointing an administrator de bonis non under Ark. Code Ann. § 28-39-109.
Step 5: Administer and Distribute Assets
After revival, inventory the assets, pay valid debts, and distribute the remainder according to the will or Arkansas intestacy rules.
Helpful Hints
- Act promptly—limitations may bar late petitions.
- Keep clear records of asset discovery and court filings.
- Consult a probate attorney to avoid procedural errors.
- Maintain open communication with all heirs and creditors.
- Prepare for possible bond or fees assessed by the court.