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Arkansas Real Estate Sale: Costs & Commission Explained

The representative can pay themselves first and let the court check the math later — a genuinely different order of operations.

Ark. Code §28-48-108

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: the ordinary 5-6% realtor commission applies as usual, plus a tiered personal representative fee — 10% of the first $1,000, 5% of the next $4,000, 3% of the balance of personal property. See how this plays out for your own numbers in the Arkansas probate real estate sale calculator.

A genuinely tiered formula, not a flat percentage

Straight from §28-48-108(a): executor compensation is a just-and-reasonable cap: 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of personal property — three distinct rates applied to three distinct slices of the estate.

Self-set now, reviewed later

A genuinely distinctive Arkansas feature: the personal representative may self-set fees under §28-48-108 without prior court approval — taking the compensation directly rather than petitioning first — though the amount remains subject to later court review for reasonableness.

The attorney climbs a separate, six-tier ladder

The estate's attorney doesn't share the personal representative's schedule. A distinct six-tier progressive fee under §28-48-108(d)(2) runs from 5% down to 2%, calculated on the estate's total market value rather than personal property alone.

Ceilings, not guaranteed floors

Both schedules set maximums the probate court may adjust downward for reasonableness — they aren't guaranteed entitlements regardless of the actual work performed.

Facing probate in Arkansas?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Arkansas attorney

The §28-48-108 schedules apply the same way whether the estate is administered in Pulaski County, Benton County, or any other Arkansas county.

Sale costs and commission — frequently asked questions

What exactly is Arkansas's tiered personal representative fee?

Under Ark. Code §28-48-108(a), 10% of the first $1,000 of personal property, 5% of the next $4,000, and 3% of the balance — a just-and-reasonable maximum, not a fixed entitlement.

Can the personal representative take this fee without asking the court first?

Yes — the representative may self-set fees under §28-48-108 without prior court approval, though the amount remains subject to later court review for reasonableness.

How is the attorney's fee different from the personal representative's?

The attorney follows a separate six-tier progressive schedule under §28-48-108(d)(2), running from 5% down to 2%, calculated on the estate's total market value rather than personal property alone.

Are these percentage schedules mandatory floors the court must follow?

No — they're maximums the probate court may adjust downward for reasonableness, not a guaranteed entitlement regardless of the work actually performed.

Keep going

Arkansas Probate Real Estate Sale CalculatorYour estimate, based on your answers Court Approval to Sell in ArkansasThe self-dealing safeguard, explained Capital Gains Tax on the Sale in ArkansasThe 50% long-term exclusion Arkansas Executor Fee CalculatorThe full §28-48-108 schedule

This page provides general guidance only and is not legal, tax, or financial advice. Based on Ark. Code §28-48-108. Confirm current figures with a licensed Arkansas attorney or real estate professional before acting.