Arkansas Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Arkansas a transfer on death deed is called a beneficiary deed. It is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Ark. Code Ann. 18-12-608).

2. 2

   During your life the deed has no effect on your ownership. No interest vests in the beneficiary until you die (Ark. Code Ann. 18-12-608(a)(1)(B)(ii)), so you keep full control and can sell, mortgage, or revoke it.

3. 3

   To be valid the deed must be acknowledged before a notary. Arkansas does not require any witnesses for a beneficiary deed.

4. 4

   The deed is valid only if it is recorded with the county recorder of the county where the property is located before the death of the owner or the last surviving owner (Ark. Code Ann. 18-12-608(c)(1)). In Arkansas the circuit clerk is the ex officio county recorder.

5. 5

   There is no fixed deadline to record after signing, but recording must happen while you are alive, so recording promptly is the safe course.

6. 6

   The deed is revocable during your life by a revocation executed and recorded before you die (Ark. Code Ann. 18-12-608(d)). If you execute more than one beneficiary deed for the same property, the recorded deed last signed before your death controls (Ark. Code Ann. 18-12-608(e)), and a will cannot revoke it (Ark. Code Ann. 18-12-608(d)(4)).

7. 7

   The beneficiary takes the property subject to every mortgage, lien, and other encumbrance that applied at your death (Ark. Code Ann. 18-12-608(a)(1)(B)(i)). The deed does not by itself clear debts secured by the property.

Arkansas Requirements for Transfer on Death Deed

• Use the Arkansas Statutory Beneficiary Deed Form

  Arkansas calls this instrument a beneficiary deed and provides a statutory form the deed may follow (Ark. Code Ann. 18-12-608(g)). The deed must expressly state that it does not take effect until the death of the owner.

• Legal Description and Parcel Identifier

  The full legal description of the property from the current recorded deed, plus the street address and the parcel identifier. A street address alone is not enough to record the deed with the county recorder.

• Name the Grantee and a Successor

  The full legal name of the grantee who will receive the property at the owner death, and a successor grantee with the condition on which that interest vests. Naming a successor keeps the property out of probate if the first grantee does not survive.

• Notarize the Signature

  The owner must sign the deed and have the signature acknowledged before a notary. Without a valid acknowledgment the deed cannot be recorded and is not effective.

• No Witnesses Required

  Arkansas does not require witnesses for a beneficiary deed. Acknowledgment before a notary is the execution formality, unlike some states that require two witnesses.

• Record With the County Recorder Before Death

  The beneficiary deed is valid only if it is recorded in the office of the county recorder of the county where the property is located before the death of the owner or the last surviving owner (Ark. Code Ann. 18-12-608(c)(1)). The circuit clerk is the ex officio county recorder. There is no fixed deadline after signing.

• Revoke Only by Recorded Means

  A revocation must be executed and recorded with the county recorder before death to be effective (Ark. Code Ann. 18-12-608(d)). If more than one beneficiary deed exists for the property, the recorded deed last signed before death controls (Ark. Code Ann. 18-12-608(e)). A will cannot revoke it (Ark. Code Ann. 18-12-608(d)(4)).

• Property Passes Subject to Encumbrances

  The grantee takes the property subject to all mortgages, deeds of trust, liens, leases, and other encumbrances to which the property was subject at the owner death (Ark. Code Ann. 18-12-608(a)(1)(B)(i)). The deed changes who receives the property, not what is owed on it.