Settling an Estate in Arkansas
Reviewed by DocDraft Legal Team · Arkansas · Last updated August 27, 2026
Arkansas has no standalone probate court. Constitution Amendment 80 folded the old probate courts into the circuit courts, and estates are now heard by the circuit court of the county where the decedent lived at death, sitting in its probate division, with the circuit clerk holding the case file and the county land records. Arkansas administers estates under its own probate code in Title 28 rather than the Uniform Probate Code, so administration is court supervised and the personal representative returns to the judge for authority at several points. The state's small estate route is unusual in one respect that matters enormously to a homeowner's family: Arkansas Code 28-41-101 does not carve real property out of the affidavit, so land can pass without a full administration. The creditor clock runs six months from the first publication of notice to creditors under Arkansas Code 28-50-101, which means it does not start at all until the personal representative publishes.
Find out where you stand in Arkansas
Where are you in settling the estate?
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Is probate always required in Arkansas?
No. Property held in joint tenancy or tenancy by the entirety, payable on death and transfer on death accounts, life insurance and retirement plans naming a living beneficiary, and assets already titled in a trust all pass outside probate. Arkansas also lets a distributee collect a small estate by affidavit under Arkansas Code 28-41-101 with no personal representative appointed.
Which court handles probate in Arkansas?
The circuit court of the county where the decedent lived at death, sitting in its probate division. Arkansas Constitution Amendment 80 merged the separate probate courts into the circuit courts, and since January 1, 2002 each circuit court has had five subject matter divisions, one of which is probate. The circuit clerk keeps the file.
What is the small estate threshold in Arkansas, and does real property count?
Arkansas Code 28-41-101 permits collection by affidavit where the value of all property the decedent owned at death, less encumbrances and excluding the homestead and the statutory allowances for a spouse or minor children, does not exceed $100,000. Real property is not carved out, so Arkansas land can pass under the affidavit.
How long does it take to settle an estate in Arkansas?
A full administration commonly runs about eight to twelve months. The six month claim period in Arkansas Code 28-50-101 does not begin until notice to creditors is first published, so a representative who delays publication delays the close. A small estate affidavit can be filed once forty five days have passed since the death.
A small estate affidavit that reaches land, and a clock the representative starts
Two features set Arkansas apart from most states. The first is that its small estate route is not limited to bank accounts and personal property. Under Arkansas Code 28-41-101 a distributee may collect the estate by affidavit when no petition for appointment of a personal representative is pending or has been granted, forty five days have passed since the death, and the value of all property the decedent owned at death, less encumbrances and excluding the homestead and the statutory allowances for a spouse or minor children, does not exceed $100,000. Most states stop the affidavit at personal property. Arkansas does not, and the statute contemplates real property inside a collected small estate: if the distributee publishes notice of the death and of the filing of the affidavit, claims as to the real property are forever barred three months after the date of first publication. Because the circuit clerk in an Arkansas county is also the recorder of deeds, the affidavit and the land record sit in the same office. The second feature is the timing of creditor exposure. Arkansas Code 28-50-101 bars claims not verified to the personal representative or filed with the court within six months after the date of the first publication of notice to creditors. That period is measured from publication, not from the date of death and not from the issuance of letters, so it does not start running until the representative acts. Arkansas also imposes an outer limit: claims are barred five years after the date of death unless letters have issued and notice has been published within that period. All of this runs through the circuit court probate division rather than a standalone probate court, because Amendment 80 abolished the separate probate courts effective January 1, 2002. On the spousal side Arkansas is not a community property state and it did not replace dower and curtesy with a modern elective share. A surviving spouse who has been married to the decedent continuously for more than one year may take against the will under Arkansas Code 28-39-401 and receive the dower or curtesy interest, along with homestead rights and the statutory allowances.
Relevant Laws
Arkansas Code 28-41-101 (Collection of small estates by distributee)
Allows a distributee to collect and distribute the estate by affidavit, without appointment of a personal representative, where no petition for appointment is pending or has been granted, forty five days have elapsed since the death, and the value of all property owned by the decedent at death, less encumbrances and excluding the homestead and the statutory allowances for a spouse or minor children, does not exceed $100,000. Real property is not excluded from the route, and where the collected estate contains real property the distributee may publish notice so that claims against the real property are barred three months after the first publication.
Arkansas Code 28-50-101 (Limitations on filing of claims)
Bars claims against the estate, the personal representative, and the heirs and devisees unless the claim is verified to the personal representative or filed with the court within six months after the date of the first publication of notice to creditors. Claims for injury or death caused by the decedent's negligence run on the same six month period. Separately, claims are barred five years after the date of death unless letters have issued and notice to creditors has been published within that period.
Arkansas Code 28-49-110 (Inventories)
Requires the personal representative to file an inventory of the assets and liabilities of the estate within sixty days of appointment. Errors or omissions are corrected by a supplemental inventory, in the next accounting, or as the circuit court directs, which makes the inventory a working document rather than a one time filing. It is the baseline the later accountings are measured against.
Arkansas circuit courts and the probate division
Arkansas has no standalone probate court. Circuit courts have five subject matter divisions, one of which is probate, and estate matters are filed in the circuit court of the county where the decedent was domiciled. The Arkansas Judiciary publishes the official probate form set used statewide.
Regional Variances
Arkansas administration tracks
Estate of $100,000 or less, forty five days after death
Affidavit for collection of small estate by distributee under Arkansas Code 28-41-101, filed in the circuit court probate division. Available only where no petition for appointment of a personal representative is pending or has been granted. No personal representative is appointed, no bond is set, and no inventory or accounting cycle follows. The Arkansas Judiciary publishes the affidavit as an official probate form.
Small estate that includes Arkansas real property
Real property is not carved out of the Arkansas affidavit route, which is the state's sharpest departure from national practice. Where the collected estate contains real property, the distributee may publish notice of the death and of the filing of the affidavit, and claims as to that real property are forever barred three months after the date of the first publication. The circuit clerk is also the county recorder.
Estate above $100,000 or needing a personal representative
Full administration in the circuit court probate division of the county of domicile. Letters testamentary or of administration issue, bond is set unless excused, the inventory is due within sixty days of appointment under Arkansas Code 28-49-110, notice to creditors is published, and the estate closes on a final accounting approved by the court. Arkansas administration is court supervised, not independent.
Estate where no administration is ever opened
Arkansas Code 28-50-101 sets an outer limit of five years from the date of death, after which claims barrable under the statute are barred unless letters have been issued and notice to creditors has been published within that period. That backstop matters when a family discovers an unadministered estate years later and needs to know what exposure survives.
Arkansas deadlines and mechanics
Creditor claims
Six months after the date of the first publication of notice to creditors, under Arkansas Code 28-50-101. Measured from publication rather than from the date of death or the issuance of letters, so the period does not begin until the personal representative publishes and a delayed publication pushes the closing date back rather than shortening the exposure.
Inventory
Due within sixty days of appointment under Arkansas Code 28-49-110, covering the assets and the liabilities of the estate. Errors and omissions are corrected by supplemental inventory, in the next accounting, or as the circuit court directs. This deadline applies to a full administration and has no counterpart in a small estate collected by affidavit.
Bond
Bond is generally required of the personal representative in a full administration, and the circuit court sets the amount. It may be excused where the will directs or requests that no bond be required, or where the competent beneficiaries waive it in writing and there are no known unsecured claims. Confirm the requirement with the court before qualifying.
Surviving spouse
Arkansas is not a community property state and it retains dower and curtesy instead of a modern elective share. A surviving spouse who was married to the decedent continuously for more than one year may elect to take against the will under Arkansas Code 28-39-401 and receive the dower or curtesy interest, together with homestead rights and the statutory allowances.
Suggested Compliance Checklist
Confirm the county and the correct clerk
Immediately days after startingIdentify the county where the decedent was domiciled at death. That county's circuit court probate division hears the estate, and the circuit clerk normally holds the case file and the land records. Some Arkansas counties have the county clerk serve as ex officio clerk of the probate division, so call the courthouse and confirm which office accepts probate filings before you deliver anything.
Value the estate against the $100,000 small estate cap
Weeks 1-3 days after startingTotal everything the decedent owned at death, subtract encumbrances, and exclude the homestead and the statutory allowances for a surviving spouse or minor children. Compare the remainder to the $100,000 ceiling in Arkansas Code 28-41-101. Because Arkansas does not carve real property out of the affidavit route, include land in the valuation rather than assuming it forces a full administration.
Prepare the affidavit for collection of small estate if eligible
After 45 days from the date of death days after startingThe affidavit under Arkansas Code 28-41-101 cannot be used until forty five days have passed since the death, and only where no petition for appointment of a personal representative is pending or has been granted. Use the official Arkansas Judiciary probate form. If the collected estate includes real property, plan the notice publication that bars claims against it three months after first publication.
Publish notice to creditors and diary the six month date
Promptly after letters issue days after startingIn a full administration, publish notice to creditors in a newspaper of general circulation and record the exact date the first notice runs. Arkansas Code 28-50-101 bars claims not verified to the personal representative or filed with the court within six months after that first publication date. Nothing closes before that date, so distributing early risks personal liability.
File the inventory within sixty days of appointment
Within 60 days of appointment days after startingArkansas Code 28-49-110 requires an inventory of the assets and the liabilities of the estate within sixty days of appointment. Value real property and other non cash assets carefully, since the inventory is the baseline the later accountings are measured against. Errors are corrected by supplemental inventory, in the next accounting, or as the circuit court directs.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the county and the correct clerk | Identify the county where the decedent was domiciled at death. That county's circuit court probate division hears the estate, and the circuit clerk normally holds the case file and the land records. Some Arkansas counties have the county clerk serve as ex officio clerk of the probate division, so call the courthouse and confirm which office accepts probate filings before you deliver anything. | - | Immediately |
| Value the estate against the $100,000 small estate cap | Total everything the decedent owned at death, subtract encumbrances, and exclude the homestead and the statutory allowances for a surviving spouse or minor children. Compare the remainder to the $100,000 ceiling in Arkansas Code 28-41-101. Because Arkansas does not carve real property out of the affidavit route, include land in the valuation rather than assuming it forces a full administration. | - | Weeks 1-3 |
| Prepare the affidavit for collection of small estate if eligible | The affidavit under Arkansas Code 28-41-101 cannot be used until forty five days have passed since the death, and only where no petition for appointment of a personal representative is pending or has been granted. Use the official Arkansas Judiciary probate form. If the collected estate includes real property, plan the notice publication that bars claims against it three months after first publication. | small-estate-affidavit | After 45 days from the date of death |
| Publish notice to creditors and diary the six month date | In a full administration, publish notice to creditors in a newspaper of general circulation and record the exact date the first notice runs. Arkansas Code 28-50-101 bars claims not verified to the personal representative or filed with the court within six months after that first publication date. Nothing closes before that date, so distributing early risks personal liability. | - | Promptly after letters issue |
| File the inventory within sixty days of appointment | Arkansas Code 28-49-110 requires an inventory of the assets and the liabilities of the estate within sixty days of appointment. Value real property and other non cash assets carefully, since the inventory is the baseline the later accountings are measured against. Errors are corrected by supplemental inventory, in the next accounting, or as the circuit court directs. | asset-inventory | Within 60 days of appointment |
Frequently Asked Questions
Yes, that is the practical risk. Arkansas Code 28-50-101 bars claims only after six months from the first publication of notice to creditors, so a representative who hands assets to the heirs before that period closes and before allowed claims are paid may have to make the estate whole personally. Waiting out the published period and paying allowed claims in the statutory order is the protection.
Generally yes. Arkansas administration is court supervised rather than independent, so the representative petitions the circuit court probate division for authority to sell and the sale proceeds under the court's order. A title company will usually want to see that order in the chain. Real property that passed by survivorship, by a recorded beneficiary designation, or through a trust is outside the estate and needs no order.
Expect a circuit clerk filing fee, the cost of publishing notice to creditors in a newspaper of general circulation, bond premium where bond is not excused, appraisal costs, and attorney fees. The personal representative may be allowed compensation from the estate, and the amount is approved by the circuit court as part of the accounting rather than being set by the representative.
The estate passes under the Arkansas table of descents, and Arkansas is one of the few states that still uses dower and curtesy rather than a modern elective share. The surviving spouse's entitlement depends on whether the decedent left descendants and includes homestead rights and statutory allowances. An administrator is appointed by the circuit court and the same six month claim period applies.
Real property is governed by the law of the state where it sits, so an Arkansas estate that includes out of state land usually needs an ancillary proceeding in that state in addition to the Arkansas administration. The Arkansas representative typically obtains certified copies of the letters and the admitted will to open the ancillary matter. The reverse is also true for out of state decedents who owned Arkansas land.
Other Arkansas guides
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