Small Estate Affidavit in Arkansas

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.

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.

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.