Small estate affidavit in Arkansas (2026)

Arkansas at a glance

Affidavit cap

$100,000

Value counted

Net value (after liens and encumbrances)

Waiting period

45 days

If there is a will

Can still be used

File with a court

Yes

Real estate

Can be included (see the rule)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

A worked example for Arkansas

Say a parent who lived in Arkansas died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from April 15, 2026.

The rules in Arkansas

• The affidavit. One or more distributees file a sworn affidavit with the probate clerk of the circuit court. They then give clerk-certified copies to banks and other holders, who must pay or transfer. No court order is needed.
• Cap. All property, less encumbrances and excluding the homestead and spousal or minor-child allowances, cannot exceed $100,000.
• What counts. The value, less encumbrances, of all property the decedent owned at death, both real and personal.
• What doesn't count. The decedent's homestead, and statutory allowances for a surviving spouse or minor children.
• Waiting period. At least 45 days must have passed since the death.
• Conditions. No petition to appoint a personal representative may be pending or granted. The affidavit must state that there are no unpaid claims against the decedent or the estate, and that the Department of Human Services gave the decedent no federal or state benefits, or has been repaid. It must list and value all personal and real property (including the homestead), who holds or lives on it, and who will receive it.
• Who can sign. One or more distributees: the surviving spouse, heirs, or devisees under the will.
• Court filing. The probate clerk files, numbers and indexes the affidavit. No court order or hearing is needed. Holders accept a copy certified by the clerk.
• Fee. $25 to file the affidavit plus $5 per certified copy (no extra fee if a will is attached)

Houses, land and vehicles

• Real estate. Real property can pass under the same affidavit, within the same $100,000 cap. The distributee must publish notice of the death and the affidavit within 30 days after filing, and creditors then have 3 months to present claims. If no claim is presented, or all claims are paid, the distributee may issue a deed of distribution to themselves and must notify the county assessor. If a claim is presented and unpaid, a full administration must be opened.
• Vehicles. If the estate is not administered, the heirs can sign the DFA 'Affidavit of Inheritance of a Motor Vehicle' to have the vehicle titled in the agreed heir's name.

Good to know in Arkansas

• Arkansas's official code is published through LexisNexis behind a terms-of-use acceptance, which we did not accept. The statute text was read from Justia's 2025 Arkansas Code copy and checked against the Arkansas Judiciary's official Probate Form 23.
• A distributee who receives property holds it as trustee for anyone with a prior right, and must account to any personal representative appointed later (28-41-102(b)).
• If a claim is presented and a full administration must be opened, the $25 affidavit fee is not refunded or credited (28-41-102(e)).

Official help and forms

• Arkansas small-estate form

Sources

• Ark. Code Ann. 28-41-101 (Justia copy, 2025 Arkansas Code; official Lexis site is terms-gated) (read October 23, 2026)
• Ark. Code Ann. 28-41-102 (Justia copy) (read October 23, 2026)
• Ark. Code Ann. 28-41-103 (Justia copy) (read October 23, 2026)
• Arkansas Judiciary Probate Form 23 - Affidavit for Collection of Small Estate by Distributee (read October 23, 2026)
• Arkansas Judiciary - Official Probate Forms (read October 23, 2026)
• Arkansas DFA - Affidavit of Inheritance of a Motor Vehicle (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.