How to Secure and Inventory a Deceased Person’s House in Arkansas: Steps Before You Are Appointed Administrator | Arkansas Probate | FastCounsel
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How to Secure and Inventory a Deceased Person’s House in Arkansas: Steps Before You Are Appointed Administrator

How to Protect the Home and Belongings Before You’re Appointed Administrator (Arkansas)

Disclaimer: I am not a lawyer. This is general information about Arkansas law and common practice, not legal advice. For advice tailored to your situation, contact a probate attorney in your county or the probate clerk.

Short answer

If the decedent’s house is at risk of items being removed, act quickly but carefully: take photos and a written inventory, secure the premises (locks, alarm, and limited access), avoid removing items yourself unless you have legal authority, notify the probate court and request appointment of an administrator (or emergency temporary administrator), and involve law enforcement if theft is occurring. Once the court issues letters of administration, the administrator has statutory authority to take possession, inventory, and protect estate property under Arkansas probate law (see Title 28, Arkansas Code).

Detailed answer — step‑by‑step under Arkansas practice

1. Act immediately to preserve evidence and the condition of the home

  • Document the scene immediately. Walk through (if you have lawful access) and take time‑stamped photos and video of every room, closets, safes, and the exterior. Focus on high‑value items (jewelry, electronics, guns, vehicles, collector items, important documents).
  • Make a short written inventory while you document. Note locations of important items and any signs that items are missing or have been moved.
  • Keep a chain‑of‑custody note for anyone who enters after you: name, time in/out, reason for entry.

2. Secure the property without taking disputed items

  • Lock doors and windows. If you change locks, keep original keys and tell the court you changed them and why. Avoid destroying property or preventing immediate family from lawful access unless ordered by a court.
  • Use temporary solutions like alarms, security cameras, or a reputable local property‑watch service.
  • Do not dispose of, donate, or permanently remove items that may be estate property. Doing so can create legal liability if you are not yet the administrator.

3. Communicate carefully with siblings and potential heirs

  • Tell family you have documented the house and are seeking formal appointment as administrator. Asking them to refrain from removing items while the estate is opened often avoids conflict.
  • If tensions are high, avoid face‑to‑face confrontations about taking property. Instead, communicate in writing (email or text) so there is a record of requests.

4. If items are being removed or you reasonably fear theft, involve authorities

  • If someone is actively removing property, call local law enforcement and report suspected theft. Theft of estate property can be a criminal matter as well as a probate dispute.
  • Police can secure the scene, take a report, and sometimes deter further removals. Keep copies of police reports for the probate file.

5. File for appointment as administrator or ask the court for temporary relief

  • To obtain lawful authority to take possession and inventory estate property, file a petition for letters of administration in the circuit/county probate court of the county where the decedent lived. Once the court issues letters of administration, those letters authorize the administrator to collect and protect estate assets under Arkansas probate law (see Title 28, Arkansas Code).
  • If immediate protection is needed while the full appointment is pending, ask the court for expedited relief: appointment of a temporary or special administrator, or an emergency order (for example, a temporary restraining order or injunction) to prevent removal of property. Many probate judges will grant emergency, short‑term measures to preserve estate assets.
  • Bring to court: the decedent’s death certificate, your ID, an affidavit or evidence of potential heirs, and any proof of threatened removals (photos, texts, police report).

6. Conduct a careful inventory once you have legal authority

  • Arkansas probate procedure requires an inventory of estate assets after appointment. Prepare a full, itemized inventory with values and attach photos. Keep originals of receipts and appraisals for high‑value items.
  • When possible, obtain professional appraisals for antiques, jewelry, art, or vehicles.

7. If a sibling already removed items, document and seek relief

  • Document what was taken: witnesses, photos, texts, emails, and timestamps. File a police report and include the police report number in your probate filings.
  • The probate court can order return of wrongfully removed property, monetary damages, or impose other remedies. The court may also consider contempt sanctions or assess costs against a wrongdoer.

Relevant Arkansas resources

  • Arkansas Code — Title 28 (Probate): review the statutes governing appointment of administrators and the duties of personal representatives at the Arkansas Legislature website (search Title 28) — https://www.arkleg.state.ar.us/
  • Arkansas Courts (probate resources and court contacts): https://courts.arkansas.gov/

These resources will help you find local filing requirements, forms, and contact information for the probate clerk in the county where the decedent resided.

Helpful Hints

  • Document everything. Photos, videos, written inventories, witness names, and dates matter more than opinions.
  • Do not throw away mail, bills, or legal documents. Keep those items intact for the estate file.
  • Be cautious about changing locks or removing items permanently before you have court authority. If you must change locks for safety, preserve evidence of the change (receipt, old key) and tell the court why you did it.
  • Use non‑confrontational written requests to family asking them not to remove property while the estate is opened.
  • If you expect disputes or high‑value assets, consider hiring a probate attorney quickly. Attorneys can file emergency petitions and help obtain a temporary appointment or court order to protect the estate.
  • Keep receipts for any costs you incur protecting the property (boarding, security, lock changes). Those expenses may be reimbursable from the estate once you are appointed.
  • Ask the clerk of the circuit/probate court where to file and whether that court offers expedited hearings for emergency preservation of assets.

Need help finding a probate attorney or filing in your county? Contact the local probate court clerk or a probate attorney licensed in Arkansas for next steps.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.