Quitclaim Deeds and Transferring Property in Arkansas
How to sign and record a quitclaim or other deed in Arkansas, and whether you can use a transfer-on-death deed to avoid probate.
Short 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). Ark. Code Ann. §§ 18-12-104, 26-60-105
| Signing and recording a deed | 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. Official code not freely readable online; text verified on a public code mirror (code year 2024). |
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| Transfer-on-death deed | 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. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. § 18-12-608 |
Free Arkansas quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Arkansas?
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.
Does Arkansas allow transfer-on-death deeds?
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.
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.