Probate can be a difficult and long process even when everyone agrees. When heirs or beneficiaries, executors, trustees, or other fiduciaries, and other family members disagree, the process can become even more stressful.

Probate disputes may involve questions about a will, concerns about an executor, disagreements over inherited property, disputes between siblings, creditor issues, or uncertainty about who has authority to act. Some disputes can be resolved through communication and documentation. Others may require court involvement.

This guide explains common probate disputes in Arkansas, why they happen, and what families and fiduciaries should understand when disagreements arise.

What Is a Probate Dispute?

A probate dispute is a disagreement connected to the administration of a deceased person’s estate.

The dispute may involve the validity of a will, the conduct of an executor, the meaning of estate documents, the sale of real estate owned by the estate, the distribution of assets, or the rights of heirs and beneficiaries.

Probate disputes can occur regardless of whether there is a will. Similar disputes can also arise in trust administration.

Why Probate Disputes Happen

Probate disputes often happen when the expectations of certain family members do not match the legal documents, namely the will, or when there is uncertainty about what the deceased person intended.

Common causes include:

• A will that distributes assets in a way that surprises family members
• A will that was changed late in life or even close to the testator’s death
• A beneficiary who believes someone exerted pressure or influence over the testator
• A family member who believes the deceased person lacked capacity when executing his or her will
• An executor who is not communicating with beneficiaries
• Delays in estate administration
• Disagreements over selling real estate
• Concerns about missing money or property
• Blended family tensions
• Unequal distributions among children
• Disputes over personal property
• Outdated beneficiary designations that may cause confusion about how certain assets should be distributed
• Questions about debts, taxes, or expenses

These disputes are often emotionally charged because, though they involve money or property, they also often implicate complicated family history and dynamics as well as active grief over the deceased family member.

Disputes Over a Will

One of the most serious probate disputes involves whether a will should be accepted by the court.

Under Arkansas law, an interested person may contest the probate of a will, or part of a will, by filing written grounds for the objection with the court. A will contest may involve claims related to capacity, undue influence, fraud, improper execution, or other legal issues.

A will contest should not be filed lightly. It can be expensive, time-sensitive, and emotionally difficult. However, there are situations where a will contest may be necessary to protect a person’s rights or address legitimate concerns.

Common Grounds for a Will Dispute

While every case depends on the specific facts at issue, will disputes often involve questions such as:

• Did the person have the mental capacity to sign the will?
• Was the person pressured or influenced by someone else?
• Was the will executed correctly with appropriate formalities?
• Was there a later will or an amendment to the will?
• Were beneficiaries improperly excluded?

• Did a caretaker, relative, or advisor benefit unexpectedly?
• Was the person vulnerable due to illness, age, or dependency?

There is a strong public policy in favor of testamentary freedom, and the testator’s wishes, as expressed in the will, receive substantial deference. To overcome this deference, the individuals challenging the will must meet their burden of proof, which can be difficult. These issues usually require substantial evidence, such as medical records, witness testimony, prior estate documents, financial records, and communications.

Disputes Over the Executor or Administrator

Another common type of probate dispute involves the actions of the person responsible for handling the estate.

If there is a will, that person is often called the executor. If there is no will, the court may appoint an administrator. The term personal representative generally encompasses both terms. Regardless of the title used, this role involves certain legal duties and fiduciary responsibilities.

Disputes may arise when heirs or beneficiaries believe the executor or administrator is:

• Failing to communicate or provide information to which the heirs or beneficiaries are entitled
• Delaying the administration of the estate without explanation
• Favoring one heir over another improperly
• Mismanaging money or property
• Selling property for less than fair value

• Failing to pay valid debts or expenses
• Distributing assets too early
• Keeping estate property for personal use
• Ignoring court requirements

Personal representatives have legal duties, and failing to carry out those duties properly can result in personal liability in certain circumstances. Accordingly, it is in the personal representative’s best interest to ensure they have the knowledge and guidance to carry out their role properly.

Real Estate and Probate Disputes

Real estate is a common source of conflict in the administration of an estate.

A family home, farmland, rental property, or parcel of raw land may have both financial and sentimental value. One heir may want to keep the property in the family. Another may need or hope for cash instead. Another may live in the home and refuse to leave. Another may believe the property should be sold.

Disputes may involve:

• Whether the property should be sold
• Whether one heir can buy out the others
• Whether the proposed sale price is fair
• Who should pay for taxes, insurance, and repairs
• Whether a family member can live in the property and on what terms
• Whether the property should be rented out
• Whether the executor has authority to sell or should seek court approval
• Whether the title is clear
• Whether prior estates were properly handled

If real estate is not addressed carefully, it can delay the administration of the estate and create long-term title problems.

Trust Disputes

Not every dispute involving the administration of an estate happens in probate court. If assets were placed in a trust, disagreements may arise during trust administration.

Not unlike disputes relating to the probate estate, disputes relating to the trust estate may involve:

• Whether the trustee is following the trust terms
• Whether beneficiaries are receiving required information
• Whether trust assets are being managed properly
• Whether the trustee has a conflict of interest
• Whether distributions are being improperly delayed
• Whether real estate or business interests should be sold
• Whether the trust document is valid
• Whether the trustee should be removed

Trust disputes can be especially complicated because the trustee may have broad authority, but beneficiaries still have certain rights that must be respected.

Blended Families and Probate Conflict

Blended families are especially vulnerable to disputes.

A surviving spouse from a second marriage, children from a prior marriage, stepchildren, adopted children, and other relatives may have different expectations. One person may believe the spouse should receive everything. Another may believe children from a prior marriage should inherit family property. Others may question whether documents were changed legitimately after remarriage.

These situations can become even more complicated when:

• The deceased person had children from different relationships
• A second spouse lives in the family home
• Certain children were excluded from a will
• Beneficiary designations were not updated after divorce or remarriage
• Real estate was owned before marriage
• Family members disagree about verbal promises or other expectations not formally documented in estate planning documents
• A trust gives one person lifetime rights to property and others future rights

Careful estate planning can reduce the potential for these disputes, but once conflict arises after the decedent’s death, the legal documents and property records must be reviewed closely to give effect to the decedent’s wishes.

Disputes Over Personal Property

Not all probate disputes involve large assets. Families often disagree over personal property, including jewelry, vehicles, furniture, family heirlooms, firearms, photographs, tools, or other sentimental items.

The assets themselves may seem small from the outside, but they often carry great emotional significance and can become a source of great conflict.

Handling the personal property usually involves collecting and documenting the personal property owned by the decedent, determining whether each item belongs to the probate estate, identifying what the will or other governing instrument, such as a trust agreement, says about the item, and, at all times, avoiding the removal or distribution of these items without authority.

What If Someone Is Hiding Assets?

Heirs or beneficiaries sometimes become concerned that money, property, or records are missing. This concern can arise both before and after the death of the loved one.

Possible warning signs may include:

• Bank accounts that appear to have been drained
• Property removed from the home
• Significant unexplained transfers before death
• Missing financial records
• Sudden changes to beneficiary designations
• Unusual gifts to one person
• A caretaker or family member controlling access to the loved one or his or her assets 
• Refusal by one or more fiduciaries to provide information about the estate

These issues should be handled carefully. Not every missing item means wrongdoing occurred. However, legitimate concerns may need to be investigated through the probate process or other legal action.

Can Probate Disputes Be Resolved Without Trial?

Many probate disputes can be resolved without a trial. The right approach depends on the nature of the dispute, the documents available, the assets at issue, and the relationships involved.

Potential paths to resolutions may include:

• Mediation
• Settlement among heirs or beneficiaries, which may or may not require court approval

• Sale of the property at issue and division of proceeds
• Division of the property at issue
• Buyout by one heir
• Replacement or removal of a fiduciary
• An accounting and disclosure of records to the beneficiaries or heirs
• Clarification of will or trust terms, as may be decided by a court

Early legal guidance can help determine whether a dispute can be resolved efficiently and more informally or whether stronger action is needed.

What Should Heirs and Beneficiaries Do When They Disagree?

If you are an heir or beneficiary and believe something is wrong, it is important to act carefully.

Consider taking these steps:

• Gather any relevant documents you have access to, including the will, trust, deeds, account information, and any court filings
• Keep written records of communications with the fiduciaries involved, such as the personal representative or trustee
• Avoid taking estate property without authority, but make a record of what property is in the estate
• Do not sign waivers or agreements you do not understand
• Ask for information in writing
• Pay attention to court notices and deadlines
• Speak with an attorney quickly before deadlines pass or the dispute escalates

Probate disputes can involve strict deadlines and important rights that may lapse over time. Additionally, once property is gone and important records are lost, it can be difficult to recover them. Waiting too long can limit your options.

What Should Executors, Administrators, and Trustees Do?

Fiduciaries should also be careful when conflict arises.

If you are responsible for an estate or trust, you should:

• Keep clear records
• Communicate appropriately and frequently with beneficiaries
• Follow the applicable governing instrument, such as the will or trust, and adhere to any court orders
• Avoid using estate assets for personal benefit
• Preserve estate property, specifically ensuring property is not taken by others without authority
• Address creditor claims properly
• Get authority before selling or distributing property when required
• Avoid favoring one beneficiary over another
• Ask for legal guidance when disputes arise

Serving as a fiduciary is a serious responsibility. Good documentation and timely advice can help reduce risk of personal liability.

Why This Matters

Probate disputes can delay estate administration, increase costs, damage family relationships irreparably, interfere with real estate sales, and expose fiduciaries to personal liability.

These disputes can also become harder to resolve over time. Property may be sold, records may disappear, deadlines may pass, and family conflict may deepen.

When disagreements arise, the goal of everyone involved should be to understand the legal rights and responsibilities involved, preserve estate assets, and find the most practical path forward.

When to Talk to an Arkansas Probate Dispute Attorney

You may want legal guidance if:

• You believe a will is invalid
• You believe someone pressured or influenced the deceased person
• An executor or administrator is not communicating with the beneficiaries or heirs
• You are concerned about missing estate assets
• Family members disagree about selling inherited property
• You believe a trust is not being administered properly
• You received probate documents you do not understand
• You are being asked to sign a waiver or settlement
• You are serving as executor and beneficiaries are challenging your actions
• You are worried about personal liability
• The estate includes real estate, business interests, or complex assets

Contact RMP Law

RMP Law assists Arkansas families with probate disputes, estate and trust administration, real estate issues, and related litigation.

If you are involved in a probate dispute in Arkansas or have concerns about how an estate is being handled, contact RMP Law at 479-443-2705 or use our Message Us form.

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Contact RMP Law Today

Main RMP Number: 479-443-2705

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