Arkansas Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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).

3. 3

   It may not be used until 45 days have elapsed since the date of death (Arkansas Code Section 28-41-101).

4. 4

   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.

5. 5

   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.

6. 6

   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.

7. 7

   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.

Arkansas Requirements for Small Estate Affidavit

• 45-Day Waiting Period

  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.

• $100,000 Value Limit, Net of Homestead

  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.

• Filed With the Circuit Clerk

  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.

• Can Reach Real Property

  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.

• No Personal Representative Pending

  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.

• Who May Be the Affiant

  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.

• Itemized Property and Persons Entitled

  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).

• Confirm the Current Figure Before Filing

  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.