Probate in Arkansas: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Arkansas, family can use a small estate affidavit if the estate is worth $100,000 or less, not counting the homestead, once 45 days have passed. It is filed with the probate clerk and can include real estate. Larger estates go through probate. With no will, children inherit before a spouse. Arkansas has no estate or inheritance tax.

When someone dies in Arkansas, the family's first question is usually practical. Do we have to go to court, and who gets what?

Arkansas has a small estate affidavit that covers more than many states allow, a deed that passes a house outside court, and an inheritance order that surprises a lot of married couples. This page covers each one. It is part of our estate planning guides by state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Arkansas?

Yes, if the estate fits. Arkansas calls it "collection of small estates by distributee" (Ark. Code Ann. 28-41-101).

Item	Arkansas small estate affidavit
Value limit	$100,000 or less, after debts secured by the property
Not counted	The homestead, and the statutory allowances for a spouse or minor children
Earliest you can use it	45 days after death
Other conditions	No petition for a personal representative pending or granted
Where it goes	Filed with the probate clerk of the proper county, with a $25 filing fee
Real estate	Can be included, with a published notice within 30 days of filing

The affidavit lists unpaid debts, any Department of Human Services benefits, each piece of property (including real estate and the homestead), who holds it and who is entitled to it. Certified copies go to whoever holds the property, such as the bank.

If real estate is included, creditors then have three months from the first publication to come forward. A family member using the affidavit can also open an Arkansas bank account in the estate's name without a court order.

Who inherits if there's no will?

This is the biggest surprise in Arkansas law. Children come before a surviving spouse (Ark. Code Ann. 28-9-214).

Here is the order:

Your children, and the descendants of any child who died before you, take everything.
If you have no descendants, your spouse takes everything. If you had been married less than three years, your spouse takes 50% (Ark. Code Ann. 28-9-215).
With no descendants and no spouse, your parents (or the surviving parent) take. They also take the other 50% in the under-three-years case.
Then your brothers and sisters, and the descendants of any who died.
Then grandparents, uncles and aunts, with both sides of the family treated equally.
Then great-grandparents, great-uncles and great-aunts.

If none of these can be found, the property goes to a spouse married under three years, then to the heirs of a spouse who died before you, and finally to the county.

When there are children, a surviving spouse isn't left with nothing. The spouse has dower or curtesy rights: a life estate in one-third of the land you owned during the marriage, plus one-third of your personal property outright (Ark. Code Ann. 28-11-301, Ark. Code Ann. 28-11-305). That is far less than many couples expect.

Notice also that friends never appear on the list. If you want a friend, a charity or a favorite neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Arkansas calls the executor a "personal representative." If more than one person wants the job, the law sets the order (Ark. Code Ann. 28-48-101):

The executor named in the will.
The surviving spouse, or someone the spouse nominates, if they petition within 30 days after death.
One or more heirs, or their nominee, as the court decides. They apply within 40 days after death if there is a surviving spouse, or 30 days if not.
Any other qualified person.

A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone in another state serve?

Yes, with one extra step. A personal representative who lives outside Arkansas must appoint an in-state agent to receive legal papers for the estate. That agent is either the clerk of the court where the estate is pending or a county resident the court approves.

The statute also rules some people out: anyone under 18, a person of unsound mind, a convicted felon who hasn't been pardoned, a corporation not authorized to act as a fiduciary in Arkansas, and anyone the court finds unsuitable.

How long do creditors have?

Creditors must present what they are owed within six months after the first published notice to creditors (Ark. Code Ann. 28-50-101). After that, their debts are barred.

If nobody is ever appointed and notice is never published, debts are barred five years after death. Our post on the probate process walks through the steps of a full case.

How much is the personal representative paid?

Arkansas sets a cap. The court allows "just and reasonable" pay, up to a percentage of the personal property the representative fully administers (Ark. Code Ann. 28-48-108):

10% of the first $1,000
5% of the next $4,000
3% of the rest

The house and other real estate aren't counted in that base. If the representative does substantial work on real estate, the court may allow reasonable extra pay. Our post on what an executor gets paid compares how other states handle this.

Can my house skip probate?

Yes, with a beneficiary deed (Ark. Code Ann. 18-12-608). What to know:

It must say it takes effect only at your death.
It must be recorded with the county recorder where the land is, before your death.
The beneficiary gets nothing until you die.
You can revoke it by signing and recording a revocation. A will can't revoke or change it.
If you sign more than one, the last one signed controls.

The statute includes a sample form. A living trust is the other common way to keep a home out of court, and Arkansas trusts are revocable unless they say otherwise (Ark. Code Ann. 28-73-602). Our post on what a trustee does explains that role, and how to avoid probate compares the options.

Will my heirs owe Arkansas estate or inheritance tax?

No. Arkansas repealed its estate tax for deaths on or after January 1, 2005, and it has no inheritance tax (Arkansas Department of Finance and Administration).

Which path fits?

Situation	Likely path
Everything passes by beneficiary deed, trust or named beneficiaries	No probate needed for those assets
Estate of $100,000 or less, not counting the homestead, and 45 days have passed	Small estate affidavit filed with the probate clerk
Estate over $100,000, or someone disputes the will	Probate with a court-appointed personal representative
Married, with children, and no will	Children inherit; the spouse has dower or curtesy rights

Here is a typical case, a composite. Ruth, 76, lived in Conway and never married. She recorded a beneficiary deed on her house naming her niece. Her checking and savings came to about $60,000. Forty-five days after Ruth died, her niece filed the small estate affidavit for the accounts, and the house passed under the deed.

Some people would rather not leave this to a niece in another state. A Kinly membership includes a will and revocable trust written for your state, with a team on call that has your plan in front of them. If the trust company steps in and settles an estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Arkansas financial power of attorney guide and Arkansas medical power of attorney guide.

Common questions

What is the small estate limit in Arkansas?

$100,000 or less, after secured debts, not counting the homestead or the allowances for a spouse or minor children. The family must wait 45 days after death and file the affidavit with the probate clerk.

Does a surviving spouse inherit everything in Arkansas?

Only if there is no will and no children or other descendants, and the couple had been married at least three years. With children, the children inherit and the spouse has dower or curtesy rights: a life estate in one-third of the land and one-third of the personal property.

Can someone who lives in another state be a personal representative in Arkansas?

Yes. A nonresident must appoint an agent in Arkansas to receive legal papers, either the court clerk or a county resident the court approves.

How long do creditors have in Arkansas probate?

Six months after the first published notice to creditors. If notice is never published, debts are barred five years after death.

Does Arkansas have an inheritance tax?

No. Arkansas has no inheritance tax, and its estate tax was repealed for deaths on or after January 1, 2005.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Arkansas: the rules, signing and who to namePower of attorney in Arkansas is durable by default and needs no witnesses, but a notarized statutory form is what banks must accept. Here's how to sign it.State guidesMedical power of attorney in Arkansas: how it works, how to signMedical power of attorney in Arkansas: signing with two witnesses or a notary, who can't witness, the living will, and who decides if you name nobody.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.