Arkansas Probate Real Estate Sale Calculator

A court order approves the sale unless the will already grants it — and the personal representative can't buy the house themselves without everyone's sign-off.

Based on Ark. Code §28-48-108 FigureMyTax Editorial Team Free · no sign-up

Selling an Arkansas probate house

Enter the sale price to see the statutory fee.

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Estimated cost of this Arkansas probate sale
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A court order, unless the will says otherwise

What makes Arkansas different: per the Arkansas Bar Association's own guidance for personal representatives, "legally, you cannot sell real estate without a court order approving the sale, unless the will permits it". That same guidance warns against making promises to sell before that authority is confirmed.

The representative can't buy the house themselves

A personal representative is not permitted to purchase estate property without approval from both the court and all interested parties — a genuine conflict-of-interest safeguard built into the sale process.

A tiered statutory fee, self-set subject to review

Ark. Code §28-48-108(a) caps compensation at 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of personal property. The personal representative can set this fee without petitioning the court first, though it remains subject to later court review for reasonableness.

No state estate or inheritance tax

Arkansas's estate tax piggybacked on a federal credit that no longer exists, and Arkansas has no separate inheritance tax. See Capital Gains Tax on the Sale for Arkansas's 50% long-term gain exclusion.

Arkansas probate real estate sale — frequently asked questions

Does an Arkansas personal representative need court approval to sell the house?

Generally yes, unless the will permits the sale — the estate cannot legally sell real estate without a court order approving it, absent that will-based authority.

Can the personal representative buy the estate's own property?

Not without approval from both the court and all interested parties — a personal representative is not permitted to purchase estate property themselves otherwise.

How much does an Arkansas personal representative get paid for selling the house?

Ark. Code §28-48-108(a) caps compensation at 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of personal property — a just-and-reasonable ceiling the personal representative can self-set, subject to later court review.

Does Arkansas have a state estate or inheritance tax on the sale?

No — Arkansas's estate tax was eliminated when the federal state death tax credit it relied on was phased out, and Arkansas has no separate inheritance tax.

What is Arkansas's state tax rate on the sale's gain?

Arkansas excludes 50% of net long-term capital gains from state tax, cutting the effective maximum rate on a qualifying gain to roughly 1.95% at the 2026 top bracket.

Same code, every county circuit court

Pulaski County (Little Rock) and Benton County (Bentonville) handle Arkansas's highest probate volumes, but §28-48-108's fee schedule and the sale-authority rule apply identically across all 75 counties.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Ark. Code §28-48-108 and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the Circuit Court Probate Division or a licensed Arkansas attorney before acting.