Bryant v. Osborn, 2014 Ark. 143

Real property owned by Lacy Bryant at death (1994) and a nonprobated will leaving life estate to wife with remainder to Brenda Osborn on pay-per-acre condition for farmland; if not paid, property to heirs per stirpes.
Osborn filed an affidavit for collection of a small estate under 28-41-101 attaching the will and issued a Notice of Probate, implying probate proceedings.
Osborn then executed an Administrator’s Deed transferring the property to herself (1995) and later implemented a stay/pay scheme for Naomi Bryant’s care.
Naomi Bryant died (2004); Osborn paid the heirs $200 per acre shortly after, triggering litigation by other heirs.
Heirs filed declaratory-judgment, partition, and breach-of-contract actions (2004); circuit court later held the will never probated and the estate effectively intestate.
On appeal, the issues focus on whether Osborn complied with small-estate notice requirements and whether the Administrator’s Deed was valid.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Osborn complied with small-estate notice requirements.	Hamby/Bryant/Knight/Kimberling assert no proper personal notice.	Osborn contends statutory notice was provided.	Court reversed, finding lack of compliance.
Whether notice publication was adequate.	Publication language inaccurately framed probate rather than small-estate collection.	Publication satisfied some statutory requirements.	Court held notice adequacy deficient and reverse remand.
Whether the Administrator’s Deed is a valid conveyance given noncompliance.	Deed void due to failure to follow probate-code procedures.	Deed deemed valid conveyance despite issues.	Administrator’s Deed void; remanded.

Machen v. Machen, 2011 Ark. 531 (Ark. 2011) (standard of review for declaratory judgments/bench trials; clearly erroneous when findings against weight of evidence)