Detailed Answer
Under Arkansas law, you need court-issued authority to control or freeze a decedent’s bank accounts when co-heirs won’t cooperate. The process generally follows these steps:
- Obtain a Certified Death Certificate
Order multiple certified copies from the Arkansas Department of Health. Banks require these to verify the account holder’s death. - Open Probate or Administration
If the decedent left a will, file a petition for probate under Ark. Code Ann. § 28-36-201 (link). If there’s no will, file for administration under Ark. Code Ann. § 28-42-101 (link). The probate court will issue Letters Testamentary or Letters of Administration, naming you as the fiduciary. - Present Letters and Death Certificate to the Bank
Bring certified Letters and one certified death certificate to each financial institution. Under your fiduciary power, the bank will freeze or secure the accounts and follow your instructions. - Use the Small-Estate Affidavit (When Applicable)
If the estate’s personal property (including bank accounts) totals $50,000 or less, you can avoid full probate by completing a small-estate affidavit under Ark. Code Ann. § 28-41-201 (link). Submit the affidavit, a certified death certificate, and any required notices to creditors. Banks will accept this affidavit in lieu of Letters. - Seek a Court Order to Freeze Assets (If Necessary)
If a bank delays or a co-heir interferes, petition the court for an interim order to preserve estate assets. The court can instruct the bank to freeze specified accounts until the administration concludes. - Complete Bank-Specific Forms
Most banks require their own affidavits or indemnity forms. Ask each institution for its checklist and complete it alongside the court documents.
Helpful Hints
- Confirm the estate’s total value before deciding between full probate or a small-estate affidavit.
- Order at least five certified death certificates; banks and other institutions often keep one copy on file.
- Call each bank’s probate department in advance to verify their specific submission requirements.
- If co-heirs actively block access, request an expedited hearing for an interim fiduciary appointment.
- Keep detailed records of all filings, bank communications, and court orders.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Arkansas probate attorney for guidance tailored to your situation.