Disputes over a loved one’s estate are often painful, because they mix grief, family history and money. I handle contested probate matters for families in Jonesboro and across Northeast Arkansas.

Common Probate Disputes

Will contests: challenges to whether a will is valid, for example because of how it was signed, the person’s capacity, or undue influence.
Disputes over the personal representative: who should serve, or whether the person serving is doing the job properly.
Accounting disputes: questions about how estate money and property have been handled.
Disputes over property: whether an asset belongs to the estate, and how it should be distributed.
Guardianship disputes involving incapacitated adults (see guardianship).

How Probate Litigation Works

In Arkansas, probate matters are heard in circuit court. A dispute usually begins when someone files an objection or petition in the estate case. The court may set hearings, and the parties can exchange information and present evidence much as they would in other civil cases. Many probate disputes settle, but some go to a contested hearing.

Act Promptly

Probate cases have their own deadlines, and some are short, including deadlines tied to notices published or mailed in the estate. If you think something is wrong, get advice soon rather than waiting to see how things turn out.

What to Gather

Any will, codicil or trust documents you have
Any notices or court papers from the estate case
The county where the estate was opened, if you know
Records about the assets or transactions in question

Probate Litigation Questions

Can I challenge a will just because it seems unfair?

Generally, a will isn’t invalid simply because it treats people unequally. A challenge needs a legal basis, such as a problem with how the will was made. I’ll tell you honestly whether I see one.

What if the personal representative won’t tell us anything?

Personal representatives have duties to the estate and to those entitled to share in it. The court can be asked to require information or an accounting.

Talk With a Jonesboro Probate Litigation Lawyer

I’m a trial lawyer, and I’ll give you a straightforward assessment of your situation. See my civil litigation page for other disputes I handle.

You can call the office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.

This page is general information about Arkansas law, not legal advice for your situation.