Affidavit of Heirship in Arkansas
Whether Arkansas lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Arkansas has no separate statutory affidavit of heirship for real estate, but its small estate affidavit can include real property. Ark. Code Ann. § 28-41-101
| 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 |
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| Who inherits without a will | 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. Official code not freely readable online; text verified on a public code mirror (code year 2024). |
More Arkansas estate law
- Medical Power of Attorney in Arkansas
- Small Estate Affidavit in Arkansas
- Power of Attorney in Arkansas
- Quitclaim Deeds and Transferring Property in Arkansas
- Who Inherits If You Die Without a Will in Arkansas
- How to Make a Valid Will in Arkansas
- How Probate Works in Arkansas
- Living Wills and Advance Directives in Arkansas
- Revocable Living Trusts in Arkansas
- Executor Duties in Arkansas
- Letters Testamentary in Arkansas
- How to Avoid Probate in Arkansas
- Transferring a Car After Someone Dies in Arkansas
- All Arkansas wills, probate and estate rules
FAQ
Does Arkansas have an affidavit 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.
Who inherits if someone dies without a will in Arkansas?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.