Arkansas Small Estate Affidavit Checker

One of the few affidavits that reaches real property

Genuinely distinctive: Arkansas is one of the few states where the small estate affidavit can cover real property, not personal property alone — under Ark. Code §28-41-101, both types of property can pass through the same $100,000 affidavit.

The homestead doesn't count against the cap

Arkansas excludes the qualifying homestead and statutory allowances for a surviving spouse or minor children from the $100,000 calculation entirely — so an estate whose main asset is the family home can sometimes use the affidavit even when the home itself is worth considerably more than $100,000.

Real property adds a publication step

When real property is included in the affidavit, notice must be published in a newspaper within 30 days of filing, and creditors then have 3 months from that publication to file claims — a distinct timeline from the personal-property-only version.

The affidavit transfers title, but selling may need more

The affidavit can move a house out of the decedent's name, but that alone doesn't necessarily grant authority to sell it — if a sale is the actual goal, confirm with the probate clerk or an attorney whether additional authority is needed once title has transferred.

A TOD deed can avoid the question in advance

Under Ark. Code Ann. §18-12-608, a recorded beneficiary deed lets real property pass directly to a named beneficiary at death, entirely outside of probate — a planning tool worth knowing about even though it doesn't help an estate that's already open.

Arkansas small estate — frequently asked questions

What is Arkansas's small estate affidavit threshold?

$100,000 net value after encumbrances, excluding the homestead and statutory allowances for a surviving spouse or minor children, under Ark. Code §28-41-101 — available 45 days after death.

Can the Arkansas affidavit actually cover the house?

Yes — Arkansas is one of the few states where the small estate affidavit can cover real property as well as personal property, not personal property alone.

Why can an estate with a valuable home still qualify under the $100,000 cap?

Because the homestead and statutory allowances are excluded from the calculation entirely, an estate whose main asset is the family home can sometimes qualify even when the home itself is worth more than $100,000.

What extra step applies if real property is included in the affidavit?

Notice must be published in a newspaper within 30 days of filing, and creditors then have 3 months from that publication to file claims against the estate.

Does Arkansas recognize Transfer on Death deeds?

Yes — under Ark. Code Ann. §18-12-608, a recorded beneficiary deed lets real property pass directly to a named beneficiary at death, outside of probate entirely.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Ark. Code §28-41-101. Actual eligibility depends on the estate's full facts. Confirm with the Circuit Court Probate Division or a licensed Arkansas attorney before acting.