Revocable Living Trusts in Arkansas
How revocable living trusts work under Arkansas law and the other ways to pass property without probate.
Short 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. Ark. Code Ann. §§ 28-73-101, 28-73-602
| 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). |
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| 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). |
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FAQ
How do living trusts work in Arkansas?
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.
How can you 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).
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.