STATE PROBATE GUIDE

Probate in Arkansas

Circuit court probate with small estate affidavit for estates under $100,000

Overview

Arkansas does not follow the Uniform Probate Code, instead using its own probate statutes administered through Circuit Courts (Probate Division). The state offers a small estate affidavit procedure for estates under $100,000 that can include both personal and real property — a notable feature that distinguishes Arkansas from many other states. Arkansas has no state estate or inheritance tax.

Key Facts

  • Governing Law: Arkansas Code, Title 28 (Wills, Estates, and Fiduciary Relationships)
  • Court: Circuit Court (Probate Division)
  • Small Estate Threshold: $100,000
  • Typical Timeline: 6 to 12 months for standard estates; complex estates may take 1–2 years
  • Follows UPC: No

What Makes Arkansas Unique

  • Small Estate Affidavit Covers Real Property — Unlike most states, Arkansas's small estate affidavit under Ark. Code §28-41-101 can include real property, not just personal property, for estates under $100,000.
  • 45-Day Waiting Period — The small estate affidavit requires a 45-day waiting period after death before filing, which is slightly longer than the 30-day period used by most states.
  • Publication Requirement for Real Property — If the small estate affidavit includes real property, notice must be published within 30 days of filing and creditors have 3 months to assert claims.
  • No State Estate or Inheritance Tax — Arkansas does not impose a state estate tax or inheritance tax.
  • Homestead Exclusion — The $100,000 threshold calculation excludes homestead property and statutory allowances for the surviving spouse and minor children, effectively allowing estates with higher total values to use the simplified procedure.
  • Low Filing Costs — Filing fee for the small estate affidavit is $25 plus $5 per certified copy, making it one of the more affordable simplified probate procedures.

Probate Process Steps

  1. File petition for probate with the Circuit Court (Probate Division)
  2. Court admits will to probate and appoints personal representative
  3. Publish notice to creditors in a local newspaper
  4. Notify known creditors and beneficiaries
  5. Inventory and appraise all estate assets
  6. Allow creditor claims period (6 months from first publication of notice)
  7. Pay valid debts, taxes, and administration expenses
  8. File final accounting and petition for distribution
  9. Distribute assets according to the will or intestacy law
  10. File closing documents with the court

Costs & Fees

Fee Structure: Arkansas does not have a statutory fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation, typically determined by the complexity of the estate and local market rates.

Typical Attorney Fees: Hourly rates typically $150–$300/hour; flat fees of $1,500–$5,000 for simple estates

Non-Lawyer Fees: $200 – $1,200 including court filing fees ($25 for small estate affidavit), publication costs, and certified copies ($5 each)

The small estate affidavit procedure is particularly cost-effective in Arkansas, with filing fees as low as $25. Full probate costs are moderate compared to national averages. Bond may be required unless waived in the will.

Frequently Asked Questions

How long does probate take in Arkansas?

A standard Arkansas probate typically takes 6 to 12 months. Small estates using the affidavit procedure can be resolved faster, though the 45-day waiting period and 3-month creditor claims period (for estates with real property) add to the timeline. Complex or contested estates may take 1 to 2 years.

Can I avoid probate in Arkansas?

Yes. Estates under $100,000 (excluding homestead and statutory allowances) can use the small estate affidavit, which uniquely covers both personal and real property. Other avoidance strategies include revocable living trusts, joint tenancy, payable-on-death accounts, and beneficiary designations.

What is the small estate limit in Arkansas?

Arkansas's small estate threshold is $100,000 under Ark. Code §28-41-101. This threshold excludes homestead property and statutory allowances for the surviving spouse and minor children. Notably, the affidavit can include both personal and real property. A 45-day waiting period after death is required before filing.

How much does probate cost in Arkansas?

Attorney fees for simple estates typically range from $1,500 to $5,000. The small estate affidavit costs as little as $25 to file. Non-lawyer costs for full probate generally total $200 to $1,200. Arkansas has no state estate or inheritance tax.

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