What steps should be taken to negotiate and settle a creditor claim during probate in Arkansas? | Arkansas Probate | FastCounsel
AR Arkansas

What steps should be taken to negotiate and settle a creditor claim during probate in Arkansas?

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

Detailed Answer

When an estate is in probate in Arkansas, creditors have a limited time to file claims and the personal representative must review, negotiate, and settle valid debts before distributing assets. Below are the key steps under Arkansas law:

1. Obtain Letters Testamentary or Letters of Administration

The court issues Letters Testamentary (if there is a will) or Letters of Administration (if there isn’t a will). These letters authorize the personal representative to act on behalf of the estate.

2. Publish Notice to Creditors

Under Ark. Code Ann. § 28-41-101, the personal representative must publish a notice in a local newspaper and send written notice to known creditors. This alerts creditors that they have a limited window to present their claims.

Reference: Ark. Code Ann. § 28-41-101.

3. Identify and Evaluate Claims

Creditors generally have six months from the first publication of notice to file claims (Ark. Code Ann. § 28-41-104). The personal representative should:

  • Compile all submitted claims.
  • Review each claim for validity—verify invoices, contracts, or promissory notes.
  • Check for priority under Arkansas law (e.g., funeral expenses, administration costs, secured claims).

Reference: Ark. Code Ann. § 28-41-104.

4. Negotiate Settlements

Once you verify a valid debt, reach out to the creditor to negotiate. Common tactics include:

  • Request detailed account statements or supporting documentation.
  • Offer a lump-sum payment for less than the full amount owed.
  • Propose installment payments over a defined period.

Keep records of all communications and settlement offers. A written settlement agreement signed by both parties helps prevent future disputes.

5. Obtain Court Approval If Required

If a settlement involves a significant portion of the estate or reduces a claim by more than 25%, the personal representative may seek court approval. File a petition explaining the proposed compromise, attach the settlement agreement, and schedule a hearing.

6. Pay Approved Claims and Distribute Remaining Assets

After claims are settled, pay approved debts in this order under Ark. Code Ann. § 28-42-301:

  1. Funeral expenses and last illness costs.
  2. Administration expenses.
  3. Taxes and other governmental debts.
  4. Other valid claims.

Then distribute any residual assets to beneficiaries or heirs according to the will or Arkansas’s intestacy statutes.

Reference: Ark. Code Ann. § 28-42-301.

Helpful Hints

  • Track deadlines carefully: missing the six-month claim deadline can discharge debts.
  • Maintain clear, dated communication logs with creditors.
  • Use certified mail when sending notices or settlement offers.
  • Consult with a probate attorney before agreeing to large compromises.
  • Keep estate funds in a separate bank account to avoid commingling.

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.