Arkansas Small Estate Affidavit
In Arkansas a distributee can use a small estate affidavit to collect a small estate worth up to $100,000, after 45 days have passed since death, by filing the affidavit with the circuit clerk instead of full probate. Attorney review available.
Introduction
Arkansas stands out among small estate affidavit states because its affidavit, a sworn statement for collecting a decedent's property without full probate, can reach real property and not only personal property when the estate is small enough to qualify. In Arkansas it is used under Arkansas Code Section 28-41-101, the collection of small estates by a distributee's affidavit. The affidavit may be used only after 45 days have elapsed since the death, and only when the value, less encumbrances, of all property owned by the decedent at the time of death does not exceed $100,000, not counting the decedent's homestead and the statutory allowances for a spouse or minor children. Unlike states where the affidavit is handed straight to the bank, in Arkansas the distributee first files the affidavit with the probate clerk of the circuit court in the county of proper venue; the clerk records and certifies it, and a certified copy is then presented to whoever holds the decedent's property. The affidavit includes an itemized description of the personal property and a legal description of any real property. DocDraft builds your Arkansas small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without opening a full probate case, when the Arkansas estate is small enough to qualify.
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The affidavit is available only when the value, less encumbrances, of all property owned by the decedent at death does not exceed $100,000, excluding the homestead and statutory allowances for a spouse or minor children (Arkansas Code Section 28-41-101).
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It may not be used until 45 days have elapsed since the date of death (Arkansas Code Section 28-41-101).
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In Arkansas the distributee files the affidavit with the probate clerk of the circuit court in the county of proper venue; the clerk certifies it, and a certified copy is used to collect the property.
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The Arkansas affidavit can reach real property: it includes a legal description of the decedent's real property, not only an itemized list of personal property.
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The affidavit must state that no petition for the appointment of a personal representative is pending or has been granted, and one or more of the distributees signs it.
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The figures and mechanics on this page are drawn from a secondary republication of the Arkansas Code and should be confirmed with the circuit clerk or an attorney before filing, because Arkansas court practice can vary by county.
Key decisions before you file
Before you file a Small Estate Affidavit in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Arkansas Requirements for Small Estate Affidavit
In Arkansas a small estate affidavit may not be used until at least 45 days have elapsed since the date of the decedent's death (Arkansas Code Section 28-41-101). The affidavit states that this 45-day period has passed.
The affidavit is available only when the value, less encumbrances, of all property owned by the decedent at death does not exceed $100,000, excluding the decedent's homestead and the statutory allowances for a spouse or minor children (Arkansas Code Section 28-41-101). This figure is from a secondary source and should be confirmed before filing.
The distributee files the affidavit with the probate clerk of the circuit court in the county of proper venue; the clerk certifies it, and a certified copy is then presented to the party holding the decedent's property (Arkansas Code Section 28-41-101). This is a court-filing step, not a direct-to-holder affidavit.
Unlike many states, the Arkansas small estate affidavit can reach real property: it includes a legal description of the decedent's real property along with an itemized description of personal property (Arkansas Code Section 28-41-101). Confirm the recording and notice steps with the circuit clerk before relying on it to pass real estate.
The affidavit must state that no petition for the appointment of a personal representative is pending or has been granted (Arkansas Code Section 28-41-101). If a full estate has been opened, the affidavit is not available.
One or more of the distributees, meaning the heirs or persons entitled to receive the decedent's property, signs the affidavit under oath (Arkansas Code Section 28-41-101). The affiant is legally responsible for the truth of the statements.
The affidavit must include an itemized description of the personal property and a legal description of any real property, the names and addresses of persons holding the property, and the names, addresses, and relationship of the persons entitled to receive it (Arkansas Code Section 28-41-101).
The $100,000 limit, the 45-day period, and the filing mechanics on this page are drawn from a secondary republication of the Arkansas Code. Confirm the current figures and the exact steps with the circuit clerk or an Arkansas attorney before filing, since the affidavit is signed under oath.
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Check my Small Estate AffidavitFrequently Asked Questions
It is a sworn statement that lets a person entitled to a decedent's property collect it without opening a full probate case. In Arkansas the distributee uses Arkansas Code Section 28-41-101, swears that at least 45 days have passed since the death and that the estate value, less encumbrances, does not exceed $100,000, then files the affidavit with the probate clerk of the circuit court. A certified copy is used to collect the property. It is usually the fastest, cheapest way to settle a small Arkansas estate.
Probate is a court-supervised process that appoints a personal representative to gather assets, pay debts, and distribute what remains, and in Arkansas it can take many months. A small estate affidavit skips appointing a representative: under Arkansas Code Section 28-41-101 the distributee files a sworn affidavit with the circuit clerk and collects the property with a certified copy. It is available only when the estate value, less encumbrances, does not exceed $100,000 and no petition for a personal representative is pending.
The value, less encumbrances, of all property owned by the decedent at the time of death must not exceed $100,000, not counting the decedent's homestead and the statutory allowances for a spouse or minor children (Arkansas Code Section 28-41-101). Because the homestead and allowances come out first, the countable value can be well below the total value of what the decedent owned. This figure should be confirmed with the circuit clerk or an attorney before filing.
At least 45 days must have elapsed since the date of the decedent's death before the affidavit may be used (Arkansas Code Section 28-41-101). The affidavit states that this 45-day period has passed. The waiting period gives time to confirm that no one has petitioned to open a full estate, since the affidavit is available only when no petition for a personal representative is pending or has been granted.
Yes. Unlike many states that limit the affidavit to personal property, the Arkansas small estate affidavit under Arkansas Code Section 28-41-101 includes a legal description of the decedent's real property along with an itemized description of personal property. Because real property title is involved, confirming the exact recording and notice steps with the circuit clerk or an attorney is important before relying on the affidavit to pass real estate.
The distributee files the affidavit with the probate clerk of the circuit court in the county of proper venue, usually the county where the decedent resided (Arkansas Code Section 28-41-101). The clerk records and certifies the affidavit, and a certified copy is then presented to the bank, employer, or other party holding the decedent's property. This court-filing step is different from states where the affidavit is handed directly to the asset holder.
One or more of the distributees, meaning the heirs or persons entitled to receive the decedent's property, sign the affidavit (Arkansas Code Section 28-41-101). The affidavit is signed under oath and must state that no petition for the appointment of a personal representative is pending or has been granted. Because the signer is legally responsible for the statements, an Arkansas affidavit should never be signed if the facts are uncertain.
An Arkansas small estate affidavit is signed under oath, so a false statement about the estate value, the 45-day waiting period, or the distributee's right to the property carries legal consequences. Filing when the estate exceeds the $100,000 limit, or when a full estate is already pending, can create liability. Because the mechanics and the current figure on this page come from a secondary source, confirm them with the circuit clerk or an Arkansas attorney before filing.