When a loved one passes away, the probate process helps ensure their estate is properly handled. However, not everyone agrees with every decision made by the court. If you are unhappy with a probate court order in Arkansas, you may wonder if it’s possible to appeal. The answer is yes, with a few important limitations.
Appeals in probate matters are governed by Arkansas Code § 28-1-116, which outlines when and how a person can seek appellate review. This statute allows certain parties to appeal decisions made by the circuit court during probate proceedings, while also listing specific orders that cannot be appealed.
Most probate orders can be appealed
In general, anyone directly affected by a probate court’s order can appeal that decision to either the Arkansas Supreme Court or the Court of Appeals. This includes beneficiaries, heirs, creditors and fiduciaries such as executors or administrators. The right to appeal applies to most types of probate orders issued by a circuit court under the state’s Probate Code.
Some orders are not appealable
There are a few exceptions. For example, if a fiduciary is removed for failing to post a new bond or submit a required accounting, that order cannot be appealed. Likewise, orders appointing a special administrator are not subject to appeal. These exceptions aim to prevent delays in situations that require quick action.
Timing and procedure matter
Appeals taken before the final distribution of an estate may be stayed, meaning delayed, until the estate is fully administered. In some cases, a party can also challenge earlier rulings as part of a final appeal if they filed written objections within 60 days of those rulings. Timing is important, and missing key deadlines can limit your options.
General rules of equity appeals apply
Appeals in probate cases follow the same general procedures as appeals in equity cases. That includes how records are compiled, how long you have to file and whether certain court actions are paused during the appeal process.
Appealing a probate decision requires careful attention to deadlines and procedural rules. Seeking legal guidance can be helpful if you believe a court’s order during an estate case was made in error.
