Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Arkansas probate law, a personal representative must notify estate creditors so they can file claims within two years of the first public notice. If you want to rely on this two-year rule, you need proof that the notice requirements were met in the original administration.
1. Review the Probate Court File
Visit the probate division of the county circuit clerk where the estate was opened. Ask for the complete estate file (often called a “probate docket”). Within that file, look for:
- An Order for Notice to Creditors approving the form and content of the notice.
- An Affidavit of Publication from the newspaper confirming the dates the notice ran.
- Any Proof of Mailing or Proof of Service showing the representative mailed notices to known creditors.
2. Check Newspaper Archives
Arkansas Code § 28-40-402 requires publication in a newspaper of general circulation in the county where the estate is administered. Contact that newspaper’s archives department to confirm the notice dates. You can also view some public notices online through the publication’s website or at the local library.
3. Confirm Statutory Deadline
Arkansas Code § 28-40-402 states that any claim not filed within two years after the first publication of the notice to creditors is barred. See the statute here: Ark. Code § 28-40-402. Match the publication date on the affidavit with your two-year window.
4. Consult the Personal Representative or Estate Attorney
If records seem incomplete, ask the personal representative or the attorney who handled the estate for certified copies of any missing documents. They should be able to provide affidavits or orders confirming that notice requirements were met.
Helpful Hints
- Obtain certified copies of letters testamentary or letters of administration to confirm who served as the representative.
- Search the probate docket index online if the county clerk offers digital access.
- Look for the phrase “notice to creditors” or “affidavit of publication” in the docket entries.
- Verify mailing proof for known creditors by checking for postage receipts or service affidavits in the file.
- If you encounter gaps in the record, request a formal docket review or file a motion for production with the court.