Question 1

What makes a will valid in Arkansas?

Accepted Answer

Any person of sound mind who is 18 or older may make a will. A witnessed will must be signed at the end by the will-maker (or by mark, or by another person at the will-maker's direction, who also signs their own name) and signed by at least two attesting witnesses. The will-maker must tell the witnesses the document is their will and sign or acknowledge the signature in their presence, and the witnesses sign at the will-maker's request and in the will-maker's presence.

Question 2

Is a handwritten will valid in Arkansas?

Accepted Answer

Yes. A will written entirely in the will-maker's own handwriting and signed by them is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least three credible, disinterested witnesses.

Question 3

Does a will need to be notarized in Arkansas?

Accepted Answer

Yes. Any attesting witness can sign an affidavit about the signing before a notary or other officer authorized to give oaths, either on their own, at the will-maker's request, or after the death at the request of the executor or another interested person. The affidavit is written on or attached to the will. If probate is uncontested, the court can accept the affidavit in place of the witness's testimony.

Question 4

Who inherits if someone dies without a will in Arkansas?

Accepted Answer

Children and descendants of deceased children inherit first. If there are no descendants, the surviving spouse inherits everything if the couple had been married at least three years; if married less than three years, the spouse takes 50% and the parents take the rest. With no descendants or spouse, the parents inherit equally (or the surviving parent); then siblings and descendants of deceased siblings; then grandparents, aunts and uncles; then great-grandparents, great-aunts and great-uncles. When there are children, the surviving spouse does not inherit outright but receives dower or curtesy: a life interest in one-third of the decedent's land and one-third of the personal property outright.

Question 5

What is a surviving spouse entitled to in Arkansas?

Accepted Answer

A surviving spouse who was married to the decedent continuously for more than one year may elect to take against the will. The spouse then receives dower or curtesy computed as if there were no will (generally a life interest in one-third of the land and one-third of the personal property when there are children), plus homestead rights and statutory allowances. The election must be made within one month after the deadline for creditor claims expires (later if certain litigation about the will or the spouse's share is pending).

Question 6

What is the small estate limit in Arkansas?

Accepted Answer

If the value of everything the decedent owned at death, less debts secured against it and excluding the homestead and the statutory allowances for a surviving spouse or minor children, is $100,000 or less, one or more distributees can file an Affidavit for Collection of Small Estate with the probate clerk of the circuit court once 45 days have passed since the death and no petition to appoint a personal representative is pending or granted. The affidavit must state there are no unpaid claims (or that any Department of Human Services benefits were repaid), list and value the property, and list the distributees. Holders of property release it on a clerk-certified copy, without a court order. Real estate can be included; if it is, the distributee must publish notice of the death and the filing within 30 days, and creditors then have three months from first publication to present claims. Clerk fee: $25 to file and $5 per certified copy.

Question 7

Is there a simplified probate process in Arkansas?

Accepted Answer

Besides the small estate affidavit, Arkansas allows a will to be probated without appointing a personal representative (the proponents publish the notice to creditors), and allows any heir, distributee or personal representative to petition the circuit court to determine the heirs and their shares in an estate or property, after published and mailed notice. The written inventory can be waived by all competent distributees unless the court requires it.

Question 8

How does probate work in Arkansas?

Accepted Answer

File a petition for probate of the will and appointment of a personal representative (or for appointment of an administrator) in the probate division of circuit court. After letters are issued, publish notice of the appointment and notice to creditors, and within one month after first publication mail a copy to each known heir and devisee and each known unpaid creditor, including the Department of Human Services if it provided services. File an inventory with appraised values within two months after qualifying (unless waived). Pay allowed claims, file accountings, and distribute the estate under court order.

Question 9

How long do creditors have to file claims against an estate in Arkansas?

Accepted Answer

Claims must be presented to the personal representative or filed with the court within six months after the first publication of the notice to creditors, or they are barred. A creditor who receives actual notice within 30 days before the deadline gets 30 extra days. Claims of known or reasonably ascertainable creditors are barred two years after first publication even without actual notice, and claims are generally barred five years after death if no letters were issued and notice published in that time.

Question 10

Who can be an executor in Arkansas?

Accepted Answer

Priority for appointment: the executor named in the will; then the surviving spouse or the spouse's nominee (if the petition is filed within 30 days after death); then heirs or beneficiaries or their nominee; then any other qualified person. A person cannot serve if under 18, of unsound mind, an unpardoned felon, an unauthorized corporation, or found unsuitable by the court. A nonresident can serve only after appointing an agent for service of process (the court clerk or an approved county resident). The court may require a bond and must consider one if an interested person demands it in writing.

Question 11

Does Arkansas allow transfer-on-death deeds?

Accepted Answer

Yes, Arkansas allows a beneficiary deed. The owner signs a deed naming one or more grantees to receive the property at death; it must be recorded with the county recorder where the property is located before the owner dies (for co-owners, it takes effect at the last owner's death). No consideration is needed and the beneficiary gets no interest until death. The owner can revoke it by a recorded revocation before death, but not by a will. The beneficiary takes subject to existing mortgages, liens and leases. The statute includes a model form.

Question 12

What does a quitclaim deed need to be valid in Arkansas?

Accepted Answer

A deed may be signed before two disinterested witnesses, or the grantor may acknowledge it before two such witnesses, who then sign (dating their signatures if they sign later). Deeds are recorded in the county where the property is located. Arkansas real property transfer tax totals $3.30 per $1,000 of consideration (a $1.10 base tax plus a $2.20 additional tax paid by the buyer) when consideration exceeds $100.

Question 13

What are the requirements for a power of attorney in Arkansas?

Accepted Answer

Arkansas follows the Uniform Power of Attorney Act. A power of attorney must be signed by the principal or by another person in the principal's conscious presence at their direction. Notarization is not required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it expressly says it ends when the principal becomes incapacitated.

Question 14

What are the requirements for a health care directive in Arkansas?

Accepted Answer

Under the Arkansas Healthcare Decisions Act, an adult (or married or emancipated minor) can sign a written durable power of attorney for health care and other advance directives. An advance directive must be either notarized or witnessed by two competent adults; the agent cannot be a witness, and at least one witness must be unrelated and not entitled to any part of the estate. Unless the document says otherwise, the agent's authority begins when a physician determines the principal lacks capacity. A living will declaration under the Rights of the Terminally Ill or Permanently Unconscious Act may be signed by a person 18 or older of sound mind, with two witnesses or (for declarations signed on or after July 1, 2017) a notary; the statute provides sample forms.

Question 15

Does Arkansas have an estate or inheritance tax?

Accepted Answer

No state estate or inheritance tax for current deaths. Arkansas's estate tax law was tied to the federal credit for state death taxes and stopped operating when that credit was repealed for deaths on or after January 1, 2005.

Question 16

How do I make a living will in Arkansas?

Accepted Answer

Arkansas calls a living will a "declaration" under the Rights of the Terminally Ill or Permanently Unconscious Act. Anyone 18 or older and of sound mind may sign one directing that life-sustaining treatment be withheld or withdrawn. It must be signed by the person (or by another at their direction) and witnessed by two individuals; a declaration signed on or after July 1, 2017 is also valid if it is notarized without witnesses, or if it meets the Arkansas Healthcare Decisions Act. The statute provides optional sample declaration forms (for terminal condition and permanent unconsciousness), which can also name a health care proxy.

Question 17

How do I make a medical power of attorney in Arkansas?

Accepted Answer

Under the Arkansas Healthcare Decisions Act, an adult (or married or emancipated minor) can sign a written durable power of attorney for health care naming an agent. The advance directive must be either notarized or witnessed by two competent adults; the agent cannot be a witness, and at least one witness must be unrelated and not entitled to any part of the estate. Unless the document says otherwise, the agent's authority begins when a physician determines the principal lacks capacity. A living will declaration may also appoint a "health care proxy" to decide on life-sustaining treatment.

Question 18

How do living trusts work in Arkansas?

Accepted Answer

Arkansas has adopted the Uniform Trust Code as the Arkansas Trust Code. For trusts created by instruments signed on or after September 1, 2005, a trust is revocable unless its terms expressly say it is irrevocable, and the settlor can revoke or amend it. Property must be transferred to the trustee to be governed by the trust; trust property passes under the trust terms without probate, while property left in the person's own name may still need probate or a small estate affidavit.

Question 19

What does an executor have to do in Arkansas?

Accepted Answer

After letters are issued, the personal representative publishes notice of the appointment and notice to creditors, and within one month after first publication mails a copy to known heirs, devisees and unpaid creditors (including the Department of Human Services if it provided services). Within two months after qualifying (or as the court directs), the representative files a sworn, complete inventory with the fair market value of each item at death, unless waived. Claims must be presented within six months after first publication. The representative files a verified account annually (unless the court directs otherwise), when petitioning for final settlement, and when resigning or removed, then distributes the estate under court order.

Question 20

How do I get letters testamentary in Arkansas?

Accepted Answer

Letters are issued by the probate division of the circuit court in the proper county. An interested person may petition to admit a will to probate and appoint the named executor (letters testamentary), or to appoint an administrator if there is no will or the named executor cannot serve (letters of administration); both requests can be combined. The petition states the decedent's name, age, residence and date and place of death, the names, ages, relationships and addresses of heirs and devisees, and the probable value of real and personal property. The court may require a bond, and must consider one if an interested person demands it in writing. Official statewide petition forms are published by the Arkansas Judiciary (Probate Forms 2 and 3).

Question 21

Does Arkansas have an affidavit of heirship?

Accepted Answer

Arkansas has no separate statutory affidavit of heirship for real estate, but its small estate affidavit can include real property. If the estate (less secured debts, excluding the homestead and statutory allowances) is $100,000 or less, distributees can file an Affidavit for Collection of Small Estate with the probate clerk 45 days after death; if real estate is included, the distributee must publish notice of the death and filing within 30 days, and creditors have three months from first publication to present claims. Larger estates require a probate proceeding.

Question 22

How can you avoid probate in Arkansas?

Accepted Answer

Non-probate options in Arkansas include: beneficiary deeds for real estate, recorded before death (Ark. Code Ann. § 18-12-608); multiple-party and payable-on-death deposit accounts (Ark. Code Ann. § 23-47-204); transfer-on-death registration of securities (Ark. Code Ann. § 28-14-101 and following); a vehicle or watercraft title with a named beneficiary, available through the Department of Finance and Administration when there is no lien; property held in a funded revocable trust (Ark. Code Ann. § 28-73-602); and the small estate affidavit for estates of $100,000 or less (Ark. Code Ann. § 28-41-101).

Question 23

How do I search probate court records in Arkansas?

Accepted Answer

Probate is handled by the probate division of the circuit court (Arkansas circuit courts have five subject-matter divisions: criminal, civil, probate, domestic relations and juvenile). The Arkansas courts' public case portal, Search ARCourts (caseinfonew.arcourts.gov), shows parties, judges, filings, future events and judgments for courts using the Contexte case management system; coverage varies by court, some information is not public under Administrative Order 19, and questions about a specific case go to the court where it was filed.

Question 24

How do I transfer a car title after someone dies in Arkansas?

Accepted Answer

Through the Arkansas Department of Finance and Administration (DFA) Office of Motor Vehicle at a state revenue office. If the estate is not being probated, the sole heirs sign an Affidavit of Inheritance of a Motor Vehicle stating the estate has not been administered and any will has not been and probably will not be probated, and directing whose name the vehicle is to be titled in; bring the death certificate and the title. If the estate is probated, bring the letters testamentary or letters of administration. If the owner had a title with a beneficiary, the named beneficiary becomes the owner at death. If owners were joined by "or," either may sign; if joined by "and," all owners (or their estates) must sign.

Requirements for a valid will	Any person of sound mind who is 18 or older may make a will. A witnessed will must be signed at the end by the will-maker (or by mark, or by another person at the will-maker's direction, who also signs their own name) and signed by at least two attesting witnesses. The will-maker must tell the witnesses the document is their will and sign or acknowledge the signature in their presence, and the witnesses sign at the will-maker's request and in the will-maker's presence. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. §§ 28-25-101, 28-25-103
Handwritten (holographic) wills	Yes. A will written entirely in the will-maker's own handwriting and signed by them is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least three credible, disinterested witnesses. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. § 28-25-104
Self-proving affidavit	Yes. Any attesting witness can sign an affidavit about the signing before a notary or other officer authorized to give oaths, either on their own, at the will-maker's request, or after the death at the request of the executor or another interested person. The affidavit is written on or attached to the will. If probate is uncontested, the court can accept the affidavit in place of the witness's testimony. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. § 28-25-106

Probate steps	File a petition for probate of the will and appointment of a personal representative (or for appointment of an administrator) in the probate division of circuit court. After letters are issued, publish notice of the appointment and notice to creditors, and within one month after first publication mail a copy to each known heir and devisee and each known unpaid creditor, including the Department of Human Services if it provided services. File an inventory with appraised values within two months after qualifying (unless waived). Pay allowed claims, file accountings, and distribute the estate under court order. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. §§ 28-40-111, 28-49-110; Arkansas Judiciary Probate Forms
Simplified probate	Besides the small estate affidavit, Arkansas allows a will to be probated without appointing a personal representative (the proponents publish the notice to creditors), and allows any heir, distributee or personal representative to petition the circuit court to determine the heirs and their shares in an estate or property, after published and mailed notice. The written inventory can be waived by all competent distributees unless the court requires it. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. §§ 28-40-111, 28-53-101, 28-49-110
Small estate affidavit	If the value of everything the decedent owned at death, less debts secured against it and excluding the homestead and the statutory allowances for a surviving spouse or minor children, is $100,000 or less, one or more distributees can file an Affidavit for Collection of Small Estate with the probate clerk of the circuit court once 45 days have passed since the death and no petition to appoint a personal representative is pending or granted. The affidavit must state there are no unpaid claims (or that any Department of Human Services benefits were repaid), list and value the property, and list the distributees. Holders of property release it on a clerk-certified copy, without a court order. Real estate can be included; if it is, the distributee must publish notice of the death and the filing within 30 days, and creditors then have three months from first publication to present claims. Clerk fee: $25 to file and $5 per certified copy. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. § 28-41-101; Arkansas Judiciary Probate Form 23
Deadline for creditor claims	Claims must be presented to the personal representative or filed with the court within six months after the first publication of the notice to creditors, or they are barred. A creditor who receives actual notice within 30 days before the deadline gets 30 extra days. Claims of known or reasonably ascertainable creditors are barred two years after first publication even without actual notice, and claims are generally barred five years after death if no letters were issued and notice published in that time. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. § 28-50-101
Who can be executor	Priority for appointment: the executor named in the will; then the surviving spouse or the spouse's nominee (if the petition is filed within 30 days after death); then heirs or beneficiaries or their nominee; then any other qualified person. A person cannot serve if under 18, of unsound mind, an unpardoned felon, an unauthorized corporation, or found unsuitable by the court. A nonresident can serve only after appointing an agent for service of process (the court clerk or an approved county resident). The court may require a bond and must consider one if an interested person demands it in writing. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. §§ 28-48-101, 28-48-201
Finding probate court records	Probate is handled by the probate division of the circuit court (Arkansas circuit courts have five subject-matter divisions: criminal, civil, probate, domestic relations and juvenile). The Arkansas courts' public case portal, Search ARCourts (caseinfonew.arcourts.gov), shows parties, judges, filings, future events and judgments for courts using the Contexte case management system; coverage varies by court, some information is not public under Administrative Order 19, and questions about a specific case go to the court where it was filed. Divisions: https://arcourts.gov/courts/circuit-courts Source: Arkansas Judiciary, Circuit Courts; Search ARCourts

Living will / advance directive	Arkansas calls a living will a "declaration" under the Rights of the Terminally Ill or Permanently Unconscious Act. Anyone 18 or older and of sound mind may sign one directing that life-sustaining treatment be withheld or withdrawn. It must be signed by the person (or by another at their direction) and witnessed by two individuals; a declaration signed on or after July 1, 2017 is also valid if it is notarized without witnesses, or if it meets the Arkansas Healthcare Decisions Act. The statute provides optional sample declaration forms (for terminal condition and permanent unconsciousness), which can also name a health care proxy. Text read on a public mirror of the Arkansas Code (current as of 2024), because the official code is not freely readable online. Source: Ark. Code Ann. § 20-17-202
Medical power of attorney	Under the Arkansas Healthcare Decisions Act, an adult (or married or emancipated minor) can sign a written durable power of attorney for health care naming an agent. The advance directive must be either notarized or witnessed by two competent adults; the agent cannot be a witness, and at least one witness must be unrelated and not entitled to any part of the estate. Unless the document says otherwise, the agent's authority begins when a physician determines the principal lacks capacity. A living will declaration may also appoint a "health care proxy" to decide on life-sustaining treatment. Text read on a public mirror of the Arkansas Code (current as of 2024). Source: Ark. Code Ann. §§ 20-6-101, 20-6-103, 20-17-202
Revocable living trust	Arkansas has adopted the Uniform Trust Code as the Arkansas Trust Code. For trusts created by instruments signed on or after September 1, 2005, a trust is revocable unless its terms expressly say it is irrevocable, and the settlor can revoke or amend it. Property must be transferred to the trustee to be governed by the trust; trust property passes under the trust terms without probate, while property left in the person's own name may still need probate or a small estate affidavit. Text read on a public mirror of the Arkansas Code (current as of 2024). Source: Ark. Code Ann. §§ 28-73-101, 28-73-602
Ways to avoid probate	Non-probate options in Arkansas include: beneficiary deeds for real estate, recorded before death (Ark. Code Ann. § 18-12-608); multiple-party and payable-on-death deposit accounts (Ark. Code Ann. § 23-47-204); transfer-on-death registration of securities (Ark. Code Ann. § 28-14-101 and following); a vehicle or watercraft title with a named beneficiary, available through the Department of Finance and Administration when there is no lien; property held in a funded revocable trust (Ark. Code Ann. § 28-73-602); and the small estate affidavit for estates of $100,000 or less (Ark. Code Ann. § 28-41-101). Source: Ark. Code Ann. §§ 18-12-608, 23-47-204, 28-14-101, 28-73-602, 28-41-101; DFA Request for Title with Beneficiary

Executor's duties	After letters are issued, the personal representative publishes notice of the appointment and notice to creditors, and within one month after first publication mails a copy to known heirs, devisees and unpaid creditors (including the Department of Human Services if it provided services). Within two months after qualifying (or as the court directs), the representative files a sworn, complete inventory with the fair market value of each item at death, unless waived. Claims must be presented within six months after first publication. The representative files a verified account annually (unless the court directs otherwise), when petitioning for final settlement, and when resigning or removed, then distributes the estate under court order. Text read on a public mirror of the Arkansas Code (current as of 2024). Source: Ark. Code Ann. §§ 28-40-111, 28-49-110, 28-50-101, 28-52-103
Letters testamentary	Letters are issued by the probate division of the circuit court in the proper county. An interested person may petition to admit a will to probate and appoint the named executor (letters testamentary), or to appoint an administrator if there is no will or the named executor cannot serve (letters of administration); both requests can be combined. The petition states the decedent's name, age, residence and date and place of death, the names, ages, relationships and addresses of heirs and devisees, and the probable value of real and personal property. The court may require a bond, and must consider one if an interested person demands it in writing. Official statewide petition forms are published by the Arkansas Judiciary (Probate Forms 2 and 3). Text read on a public mirror of the Arkansas Code (current as of 2024). Source: Ark. Code Ann. §§ 28-40-107, 28-48-101, 28-48-201
Affidavit / determination of heirship	Arkansas has no separate statutory affidavit of heirship for real estate, but its small estate affidavit can include real property. If the estate (less secured debts, excluding the homestead and statutory allowances) is $100,000 or less, distributees can file an Affidavit for Collection of Small Estate with the probate clerk 45 days after death; if real estate is included, the distributee must publish notice of the death and filing within 30 days, and creditors have three months from first publication to present claims. Larger estates require a probate proceeding. Text read on a public mirror of the Arkansas Code (current as of 2024). Source: Ark. Code Ann. § 28-41-101
Transferring a car after death	Through the Arkansas Department of Finance and Administration (DFA) Office of Motor Vehicle at a state revenue office. If the estate is not being probated, the sole heirs sign an Affidavit of Inheritance of a Motor Vehicle stating the estate has not been administered and any will has not been and probably will not be probated, and directing whose name the vehicle is to be titled in; bring the death certificate and the title. If the estate is probated, bring the letters testamentary or letters of administration. If the owner had a title with a beneficiary, the named beneficiary becomes the owner at death. If owners were joined by "or," either may sign; if joined by "and," all owners (or their estates) must sign. Source: Arkansas DFA, Affidavit of Inheritance of a Motor Vehicle (form 10-306); Request for Title or Watercraft Registration with Beneficiary

Arkansas Wills, Probate and Estate Law

Quick answers for Arkansas

Wills

If there is no will

Probate

Deeds and transferring a house

Power of attorney and health care directives

Estate and inheritance tax

Planning documents and avoiding probate

Executors and heirs

Official Arkansas forms

Probate court and deed recording by county

Arkansas estate law FAQ

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