Detailed Answer — How to handle an heir who refuses to return estate property (Arkansas)

Short answer: If an heir refuses to return estate property while the estate is still open, start with written demand and communication through the personal representative. If that fails, ask the probate court to compel turnover (or the civil court for replevin/ conversion), and consider sanctions such as contempt, surcharge, or removal of a personal representative. Preserve evidence, act quickly, and consult a lawyer experienced in Arkansas probate and civil remedies.

What law governs this in Arkansas?

Probate and estate administration in Arkansas are governed by the Arkansas Code (Title 28, Estates and Probate). For specific court procedures and remedies, the probate court that opened the estate has jurisdiction to enforce administration duties and to order return of estate property. You can review Arkansas statutes and the code library here: Arkansas Code (Arkansas General Assembly).

Step-by-step actions to take right now

1. Confirm ownership and estate status. Verify that the item is estate property (owned by the decedent at death and not already distributed) and that the estate remains open. Check the inventory filed by the personal representative.
2. Communicate in writing. Send a clear written demand (certified mail, return receipt) to the heir asking for the return of the property. Include a reasonable deadline (e.g., 7–14 days), description of the item, and reference that the property belongs to the estate. Keep copies.
3. Notify the personal representative (executor/administrator). If you are a beneficiary, notify the personal representative in writing and ask them to demand turnover from the heir. The representative has the primary duty to collect and protect estate assets.
4. Gather evidence. Collect proof of ownership (title, receipts, prior inventory, photographs), communications, witness statements, and any filings in the probate file (inventory, petitions, court orders).
5. File a motion in probate court if turnover is refused. If the heir refuses after a written demand, ask the probate court that is administering the estate to order the heir to return the property. Common probate remedies include an order to turnover estate assets and (where appropriate) a surcharge against a person who improperly took or withheld estate property.
6. Consider a civil action (replevin or conversion). A separate civil lawsuit (replevin to recover possession or conversion for damages) in the appropriate Arkansas civil court can secure return of property or monetary compensation if the probate court route is not effective or timely.
7. Seek sanctions if someone disobeys a court order. If the court orders return and the heir disobeys, petition the court for contempt and enforcement sanctions. The court may impose fines or other remedies to compel compliance.
8. Consider criminal referral only when appropriate. If the heir knowingly stole the property, criminal theft charges could be an option, but criminal prosecution is a separate process and depends on prosecutors and evidence. Consult local authorities or a lawyer before pursuing this path.

Key probate remedies in Arkansas

• Turnover order from the probate court. The probate court can order that estate property be returned to the personal representative.
• Surcharge or monetary judgment. The court can order an heir who improperly took or withheld property to reimburse the estate for value, losses, or costs.
• Contempt and enforcement. If a party violates a court order, the court may impose contempt sanctions to enforce its orders.
• Removal of the personal representative (if applicable). If the personal representative fails to act to protect estate assets, interested persons may petition for removal under Arkansas probate law.

For statutory authority and to find the exact procedural rules, consult the Arkansas Code (Title 28, Estates) at the Arkansas General Assembly website: https://www.arkleg.state.ar.us/.

Civil remedies: replevin, conversion, and damages

If the probate court route is slow or the estate lacks a personal representative willing to act, civil remedies can be used:

• Replevin: A claim to recover possession of specific personal property.
• Conversion: A claim for monetary damages when someone wrongfully exercises control over estate property.
• Temporary injunctive relief or TRO: In urgent cases, a court may order temporary return or preservation of property while the case proceeds.

What evidence matters most

• Inventory and appraisals filed with the probate court.
• Title, receipts, photographs, or identifying marks on the item.
• Written communications (emails, texts, letters) demanding return.
• Witness statements who can identify the heir’s possession and when property left the decedent’s control.
• Any prior court orders or filings showing the item belongs to the estate.

Timeline and likely costs

Time and cost vary. Simple turnover requests handled by the personal representative may take days to weeks. Court petitions or civil actions take longer—weeks to months, sometimes longer if appeals occur. Costs include filing fees, possible attorney fees, appraisal costs, and service of process. If the estate lacks funds, the probate court can sometimes prioritize recovery of estate assets.

When you should consult an Arkansas probate attorney

Speak with a lawyer if any of the following apply:

• The heir refuses to return property after written demand.
• The personal representative fails or refuses to act.
• The item is high-value (cars, real property documents, heirlooms with major monetary or sentimental value).
• There are threats, possible destruction of property, or complex title/ownership issues.

Practical tips and cautions

• Do not attempt to forcibly retrieve property yourself; this can create legal problems (breach of peace).
• Act quickly to avoid loss, sale, or destruction of the property.
• Document everything and keep copies in multiple places.
• Use certified mail or other tracked delivery for written demands to create proof of notice.
• Consider mediation if family relationships matter and the property’s value doesn’t justify litigation costs.

Clear next steps you can take today

1. Confirm the property is estate property and locate the probate file.
2. Send a written demand to the heir and inform the personal representative.
3. If no response, ask the personal representative to seek a turnover order from probate court.
4. If the representative won’t act, consult an attorney about filing a replevin or conversion action or directly petitioning the probate court as an interested party.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and every case is different. For advice about your specific situation, contact a qualified Arkansas attorney who handles probate and estate matters.