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Arkansas Real Estate Sale: Do You Need Court Approval?

The rule is short and unambiguous — no order, no will authority, no legal sale.

ARKBAR Handbook for Personal Representatives

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

Quick answer: generally yes, unless the will permits the sale — Arkansas's own guidance for personal representatives states this plainly. Run your own numbers in the Arkansas probate real estate sale calculator.

A rule stated as plainly as it gets

Straight from the Arkansas Bar Association's own handbook: "legally, you cannot sell real estate without a court order approving the sale, unless the will permits it. Never make any promises to sell until after you discuss it" with the estate's attorney.

Personal property has its own caution flags

Selling personal property for less than its appraised value should be discussed with the attorney first; for a substantially reduced price, a court order may be needed, and the representative must account to the probate court for selling at that reduced price.

Buying it yourself takes both approvals

A personal representative is not permitted to purchase estate property without approval of the court and all interested parties — a straightforward conflict-of-interest safeguard that applies regardless of how the rest of the sale is authorized.

Facing probate in Arkansas?

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

Talk to an Arkansas attorney

Pulaski County and Benton County handle these sales at high volume, but the will-first, court-order-second rule applies identically across all 75 Arkansas counties.

Court approval to sell — frequently asked questions

What does Arkansas's own guidance for personal representatives say about selling real estate?

That legally, a personal representative cannot sell real estate without a court order approving the sale, unless the will itself permits it.

What should a personal representative avoid before that authority is confirmed?

Making any promises to sell before discussing it with the estate's attorney and confirming whether court approval or will authority actually exists.

Can personal property be sold for less than its appraised value?

Only with the attorney's approval first, and for a substantially reduced price, a court order may be needed — the representative must then account to the probate court for selling at that reduced price.

Can the personal representative buy estate property for themselves?

Not without approval from both the court and all interested parties — self-purchase isn't permitted otherwise, regardless of how the rest of the sale is authorized.

Keep going

Arkansas Probate Real Estate Sale CalculatorYour estimate, based on your answers Arkansas Sale Costs & CommissionThe §28-48-108 tiered fee schedule 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 advice. Based on Ark. Code §28-49-101 and ARKBAR guidance for personal representatives. Confirm with the Circuit Court Probate Division or a licensed Arkansas attorney before acting.