The Arkansas small estate affidavit, in plain English
If the estate is modest, you may not need a full probate case at all. Wait 45 days, stay under the $100,000 threshold after liens and allowances, and heirs can often settle things with a sworn affidavit filed at the courthouse.
Legal disclaimer
This information is general educational content only and is not legal advice.
Probate laws vary by county and individual circumstances. The process outlined above is a general overview of how probate typically works in Arkansas, Arkansas — but every estate is different. Property ownership, debts, taxes, family situations, and court procedures can all affect your specific timeline and requirements.
You should always consult with a licensed Arkansas probate attorney before making decisions about selling an inherited property or managing an estate. An attorney can review your specific situation, advise you on your rights and obligations, and ensure all paperwork is filed correctly with Arkansas Probate Court.
Titan Property Investors is a real estate investment company, not a law firm. We buy houses, but we cannot provide legal advice. We work alongside your attorney — we don't replace them.
If you need a probate attorney referral, contact the Arkansas Bar Association or ask your current attorney for recommendations.
Do you qualify? Run this list first
- 45 days have passed since the date of death
- No personal representative has been appointed and no petition is pending
- Estate value is $100,000 or less after liens, homestead, and family allowances
- Every distributee is identified and willing to sign under oath
- You have a certified death certificate and the original will, if one exists
- You have the legal description of any real estate from the recorded deed
Miss any one of these and you are almost certainly looking at full administration instead. If you are not sure which side of the line you fall on, that is a 15-minute phone call with a probate attorney — not a guess worth making on your own.
How it usually goes
- 1. Wait out the 45 days. Use the time to pull the death certificate, locate the deed, and get a rough value on the house and personal property.
- 2. Total the estate and subtract. Liens and mortgages come off, then the homestead and family allowances. What remains is the number tested against the $100,000 limit.
- 3. Prepare the affidavit. It identifies the deceased, the date of death, the property, known debts, and every distributee with their share.
- 4. File it with the circuit clerk in the county where your loved one lived, with the death certificate and will attached, and pay the filing fee.
- 5. Use certified copies to collect. Banks, insurers, and title companies will generally act on a certified copy of the filed affidavit. Confirm with the title agent early if a house sale is part of the plan.
Common questions
What is a small estate affidavit in Arkansas?+
It is a sworn document filed with the circuit clerk that lets heirs collect and distribute a modest estate without opening a full probate administration. Instead of appointing a personal representative and running a year-long case, the heirs file an affidavit listing the property, the debts, and who inherits.
Who qualifies?+
Generally: at least 45 days have passed since the death, no petition for appointment of a personal representative is pending or has been granted, and the value of the estate — after deducting liens, encumbrances, and the statutory homestead and family allowances — does not exceed $100,000. The distributees sign the affidavit under oath.
Does the 45-day wait really matter?+
Yes. Filing earlier gets rejected. The clock starts at the date of death, so if your loved one passed on the first of the month, the earliest you can file is roughly the middle of the following month.
Can a house be transferred with a small estate affidavit?+
Sometimes — this is the part people get wrong. Real property can be handled under the small estate procedure when the estate fits within the value limits after liens, homestead, and allowances are subtracted, and the affidavit properly describes the property and the distributees. Title companies vary in what they will insure, so confirm with the closing attorney or title agent before you plan a sale around it.
What do I need to gather before filing?+
A certified death certificate, the original will if there is one, the legal description of any real estate (from the deed, not the tax bill), a list of accounts and personal property with values, a list of known debts, and the names and addresses of every heir or distributee.
What if the estate is worth more than $100,000?+
Then you are looking at full probate — and the six-month creditor claim period that comes with it. Note that the $100,000 test is applied after liens and allowances, so an inherited house with a mortgage may still qualify even when its market value is higher.
Do I need a lawyer?+
Not always, but it is cheap insurance. The affidavit is a sworn statement — getting the distributee list or the property description wrong creates title problems that cost far more to fix later than an attorney charges to prepare it. Many Arkansas probate attorneys handle small estates for a flat fee.
Need a number to work the math?
Whether the estate clears the $100,000 line often depends on what the house is actually worth. Send the address and we will give you a written, no-obligation offer range within one business day — useful even if you never sell to us.