AR risk area

Probate risk in Arkansas

Court-supervised estate process, timing, cost exposure, and public record requirements.

Arkansas allows collection of small estates by affidavit after a waiting period when the estate value stays under a statutory cap.

How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?

At a glance

Key takeaways

No personal representative can be pending, and 45 days must pass after death.
Estate value must be $100,000 or less, excluding the homestead and statutory allowances.
An affidavit is filed with the probate clerk of the circuit court in the proper venue.
A distributee can collect and distribute estate assets under the affidavit.

Questions to consider

State overview

Arkansas allows collection of small estates by affidavit after a waiting period when the estate value stays under a statutory cap.

No personal representative can be pending, and 45 days must pass after death.
Estate value must be $100,000 or less, excluding the homestead and statutory allowances.
An affidavit is filed with the probate clerk of the circuit court in the proper venue.
A distributee can collect and distribute estate assets under the affidavit.
The small-estate affidavit is filed with the probate clerk and does not require a separate court order to transfer assets.

Sources

Risk sources

Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).

National sources provide baseline context; state statutes and court rules control in Arkansas.