What can I do if the personal representative sends me a payment without explaining how my share was calculated? (AR) | Arkansas Probate | FastCounsel
AR Arkansas

What can I do if the personal representative sends me a payment without explaining how my share was calculated? (AR)

Detailed Answer — What to do if a personal representative sends a payment without explaining how your share was calculated

Short answer: In Arkansas, a personal representative (PR) owes fiduciary duties to estate beneficiaries, including providing records about administration and distribution. If you receive a payment with no explanation, you should (1) ask the PR in writing for an itemized accounting, (2) review the probate court file for inventories and accountings, and (3) if the PR refuses or the answer is unsatisfactory, petition the probate court to compel an accounting or take other remedies. This article explains those steps, what to ask for, and the possible legal remedies under Arkansas probate practice.

Why this matters under Arkansas law

When someone serves as a personal representative in Arkansas, the PR must administer the estate honestly and transparently. Beneficiaries have the right to information about estate assets, debts paid, administration expenses, and how the PR arrived at distributions. If the PR distributes money without explaining the calculations, beneficiaries may not be able to verify whether deductions (creditor claims, taxes, attorney fees, commissions, prior advances to heirs, or other charges) were proper.

For a general reference to the Arkansas probate statutes, see Arkansas Code, Title 28 (Probate): https://www.arkleg.state.ar.us/ArkansasCode. The statutes and local probate court rules govern filings, inventories, accountings, and petitions to compel a PR to act.

Step-by-step actions to take

  1. Ask for an itemized accounting in writing. Send a polite, written request (email or certified letter) to the PR or the PR’s lawyer asking for an itemized statement showing: (a) gross estate assets, (b) debts and creditor payments, (c) administration expenses and fees (including attorney fees and PR commissions), (d) any advances or inter vivos gifts to beneficiaries, (e) taxes or liens paid, and (f) the math showing how your net share was calculated. Keep a copy and note the date you sent it.
  2. Check the probate court file. Visit or contact the probate court where the estate is being administered. Ask the clerk for filed documents such as the inventory, accountings, petitions for distribution, and orders allowing fees or settling accounts. Many probate courts post dockets online; a filed accounting or petition for distribution often explains how shares were calculated.
  3. Review communications and documents you already have. Compare the PR’s payment amount to the will (if there is one) or Arkansas intestacy rules, and to any inventory or partial accountings you can obtain. Make a simple worksheet to track assets in and out of the estate so you can see how the PR arrived at your payment.
  4. Give the PR a reasonable deadline. If your written request gets no meaningful response, give the PR a clear deadline (for example, 14 business days) to provide the requested accounting before you escalate to the court. Note this deadline in a follow-up letter.
  5. If needed, ask the probate court to compel an accounting. If the PR refuses or the information is incomplete, you can file a petition in probate court asking the judge to compel the PR to file a formal accounting and to approve or disallow charges. The court can order the PR to produce records, supplement the accounting, or, in serious cases, remove the PR or surcharge (hold the PR personally liable for) improper expenses.
  6. Consider hiring a lawyer experienced in Arkansas probate law. If the accounting is complex, if large sums are involved, or if you suspect mismanagement, an attorney can evaluate the documents, draft a petition, and represent you in court. If the estate is small and the sum disputed is modest, the probate clerk can often point to self-help forms or low-cost options.

What to request in your written demand

  • Full inventory of estate assets (date and value used).
  • List of all creditors and proofs of claims allowed or paid.
  • Itemized list of all estate expenses and fees (with receipts where available).
  • Record of distributions, including calculations and any offsets for advances to beneficiaries.
  • Copies of tax returns filed for the decedent and the estate (if prepared).

When to ask the court to intervene

Ask the court to intervene when the PR fails to respond, the accounting is incomplete or misleading, or you suspect mismanagement or self-dealing. Typical court remedies include ordering a formal accounting, disallowing charges (fees or expenses), ordering a surcharge against the PR, or removing the PR for breach of fiduciary duty. The exact procedures and relief are governed by Arkansas probate statutes and local court rules; check the probate court’s procedural requirements before filing.

Evidence to preserve

Keep copies of all correspondence with the PR, emails, checks, bank statements you receive, and any documents the PR provides. Note dates and details of phone calls. These items can help the court assess whether the PR acted properly.

Possible outcomes

  • The PR provides a clear, itemized accounting and explains the payment — issue resolved informally.
  • The court compels a formal accounting, approves distribution after adjustments, and requires the PR to provide supporting documents.
  • The court disallows improper expenses or surcharges the PR for losses caused by misconduct.
  • The court removes the PR for serious misconduct and appoints a successor personal representative.

Helpful Hints

  • Put requests in writing. Courts and future lawyers will rely on written records.
  • Ask for receipts and invoices for large or unusual expenses.
  • Check whether the probate case is open and active in the county probate court docket.
  • If the PR has an attorney, direct your written request to the attorney as well as the PR; attorneys often keep better records.
  • Be specific about what you want: an itemized accounting, dates, amounts, and supporting documents.
  • If the estate is small and you prefer a faster resolution, ask the clerk about simplified procedures for small estates or summary distributions.
  • Act promptly. Delays can make resolving accounting disputes harder and may affect your legal options.

Not legal advice: This article is educational and explains common steps beneficiaries take under Arkansas probate practice. It is not legal advice and does not create an attorney–client relationship. For advice tailored to your situation, consider consulting a licensed Arkansas attorney experienced in probate and trust matters.

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.