Massey v. Fulks

Summary

The Arkansas Supreme Court held that a creditor who was known or reasonably ascertainable during the probate non-claim period and who was not given required actual notice had two years to file a claim under Arkansas Code Annotated section 28-50-101(h). The court concluded that filing and serving a circuit-court complaint did not itself satisfy the probate claim-filing requirement under Dodson v. Charter Behavioral Health System, but that the lack of actual notice extended the filing period. The court reversed and remanded, vacated the court of appeals’ opinion, and declined to overrule Dodson because the relevant notice-extension issue had not been decided there.

Holdings

1. Massey became a known creditor of the estate when he filed and completed service of his civil complaint during the non-claim period, and he was therefore entitled to actual notice under Arkansas Code Annotated section 28-40-111(a)(4)(C)(i).
2. When an estate fails to provide required actual notice to a known or reasonably ascertainable creditor identified during the non-claim period, Arkansas Code Annotated section 28-50-101(h) extends the time for filing the claim until two years after the first publication of notice to creditors.
3. Filing and serving a complaint in circuit court does not satisfy the requirement under Arkansas Code Annotated section 28-50-101(a)(2) that a claim for injury or death caused by a decedent's negligence be filed against the probate estate during the non-claim period.
4. Dodson was not overruled because it did not decide whether the non-claim period is extended when a known or reasonably ascertainable creditor is not given actual notice.

Questions Presented

1. Whether Massey was a known or reasonably ascertainable creditor entitled to actual notice under Arkansas Code Annotated section 28-40-111.
2. Whether the failure to provide actual notice to a known or reasonably ascertainable creditor identified during the non-claim period extends the time to file a claim under Arkansas Code Annotated section 28-50-101(h).
3. Whether filing and serving a civil complaint satisfies the probate filing requirement of Arkansas Code Annotated section 28-50-101(a)(2).
4. Whether Dodson v. Charter Behavioral Health System of Northwest Arkansas, Inc. should be overruled.

Disposition

reversed_and_remanded