When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the distributee is entitled. However, the distributee shall be entitled to the benefit of any defense which would be available to him or her in a direct proceeding for the recovery of the debt.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 4 - Administration Of Decedents' Estates
Chapter 53 - Distribution And Discharge
Subchapter 1 - General Provisions
§ 28-53-101. Determination of heirship
§ 28-53-102. Partial distribution
§ 28-53-103. Order of final distribution — Notice and hearing
§ 28-53-104. Order of final distribution — Contents
§ 28-53-105. Order of final distribution — Conclusiveness
§ 28-53-106. Account not approved
§ 28-53-109. Determination of advancements
§ 28-53-110. Improper distributions
§ 28-53-112. Interest — Income and increment
§ 28-53-113. Exoneration of encumbered property
§ 28-53-114. Distribution in kind
§ 28-53-116. Missing or unavailable distributees