Executor Duties in Arkansas

After letters are issued, the personal representative publishes notice of the appointment and notice to creditors, and within one month after first publication mails a copy to known heirs, devisees and unpaid creditors (including the Department of Human Services if it provided services). Within two months after qualifying (or as the court directs), the representative files a sworn, complete inventory with the fair market value of each item at death, unless waived. Claims must be presented within six months after first publication. The representative files a verified account annually (unless the court directs otherwise), when petitioning for final settlement, and when resigning or removed, then distributes the estate under court order.

Letters are issued by the probate division of the circuit court in the proper county. An interested person may petition to admit a will to probate and appoint the named executor (letters testamentary), or to appoint an administrator if there is no will or the named executor cannot serve (letters of administration); both requests can be combined. The petition states the decedent's name, age, residence and date and place of death, the names, ages, relationships and addresses of heirs and devisees, and the probable value of real and personal property. The court may require a bond, and must consider one if an interested person demands it in writing. Official statewide petition forms are published by the Arkansas Judiciary (Probate Forms 2 and 3).

Claims must be presented to the personal representative or filed with the court within six months after the first publication of the notice to creditors, or they are barred. A creditor who receives actual notice within 30 days before the deadline gets 30 extra days. Claims of known or reasonably ascertainable creditors are barred two years after first publication even without actual notice, and claims are generally barred five years after death if no letters were issued and notice published in that time.