How to Avoid Probate in Arkansas

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).

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.

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.