Supreme Court of Arkansas

Kevin Massey, Father of L.m., a Minor v. Morris Dee Fulks and James Winters, Executors of the Estate of Derek…

January 13, 20112011 Ark. LEXIS 4

Summary

The court held that Massey was a known creditor because he filed and served a circuit-court complaint against the Estate during the non-claim period, entitling him to actual notice. Because the Estate failed to provide that notice, the statute extended the period for filing his claim to two years, and his claim was timely. The court declined to overrule the earlier decision because that decision addressed only whether a circuit-court complaint satisfied the filing requirement and did not decide the notice-extension issue.