Arkansas probate is handled in the Circuit Court Probate Division of each county. Arkansas offers a generous $100,000 small estate affidavit and a statutory commission schedule that's standard for the region. This guide walks through every option.
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Does Arkansas Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Beneficiary Deed (Arkansas's name for a transfer-on-death deed), accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and tenancy by the entirety for spouses.
The Arkansas Small Estate Affidavit ($100,000)
For estates with a total value (after subtracting liens, encumbrances, the homestead, statutory allowances, and exempt property) of $100,000 or less, Arkansas allows the Small Estate Affidavit (Arkansas Code § 28-41-101). The affidavit can be filed 45 days after death, requires stating there are no unpaid claims against the estate, and provides a streamlined administration that's faster and cheaper than full probate. The clerk charges $25 to file the affidavit plus $3 per certified copy.
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See the full checklist →How to Open Probate in Arkansas
- File a Petition for Probate of Will and Appointment of Personal Representative in the Circuit Court (Probate Division) of the county where the deceased was domiciled.
- Bring the original will, a certified death certificate, and a list of heirs.
- Attend the brief hearing — typically scheduled 2–4 weeks after filing.
- If appointed, the Circuit Court issues Letters Testamentary or Letters of Administration.
Arkansas's Statutory Personal Representative Compensation
Arkansas sets statutory personal representative compensation on a sliding scale (Arkansas Code § 28-48-108):
| Personal Property Bracket | Commission Rate |
|---|---|
| First $1,000 | 10% |
| Next $4,000 (up to $5,000) | 5% |
| Above $5,000 | 3% |
Examples: A $200,000 personal property estate generates approximately $6,150 in commissions. A $500,000 estate generates approximately $15,150. The court can approve additional compensation for extraordinary services. Real property is generally outside the commission base unless sold.
Creditor Claims in Arkansas
The personal representative must publish a Notice to Creditors. Creditors then have 6 months from the date of first publication to file claims (Arkansas Code § 28-50-101). Direct notice to known creditors is also required. Claims filed after the period are generally barred.
Pro tip
Arkansas's $100,000 small estate threshold is among the more generous in the South. Even moderately valued estates often qualify after subtracting the homestead, exempt property, and family allowances. Check eligibility carefully — it can save 6+ months of administration.
Intestacy in Arkansas
If there is no will, Arkansas's intestacy statute applies. Arkansas has unique dower/curtesy rules for surviving spouses. Generally, the spouse takes 1/3 of personal property and a life estate in 1/3 of the real estate; the rest passes to descendants. If there are no descendants, the spouse takes a larger share. Arkansas's intestacy rules are unusual and an attorney should review them.
Arkansas Has No State Estate or Inheritance Tax
Arkansas has no state estate tax and no inheritance tax. Only the federal estate tax applies, and as of 2026 the federal exemption is $15 million per person ($30 million for a married couple), made permanent by the One Big Beautiful Bill Act signed into law in July 2025.
Spousal and Family Allowances
Arkansas provides several allowances paid before creditors: a homestead exemption (often the family residence), exempt personal property, and a family allowance for the surviving spouse and minor children during administration.
You're reading about probate in Arkansas. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Arkansas may change. Consult a licensed Arkansas attorney for guidance specific to your situation.