Arkansas Small Estate: Filing How-To

Quick answer: wait 45 days, confirm the estate (excluding homestead) is at or under $100,000, file the affidavit with the probate clerk for $25, and publish notice within 30 days if real property is involved. Check whether an estate qualifies with the Arkansas small estate checker.

Step by step

Wait 45 days from the date of death.
Confirm no personal representative is appointed or has a pending petition.
Total the estate, excluding the homestead and statutory allowances, against $100,000.
Confirm there are no unpaid claims, or that any DHS benefits have been repaid.
File the affidavit with the probate clerk of the circuit court in the decedent's county.
If real property is included, publish notice in a newspaper within 30 days of filing.

Distributees file it, the clerk seals it

Straight from the process: the affidavit can be filed by one or more of the people receiving proceeds from the estate, called distributees, and after filing, the clerk signs the affidavit and places their seal on it.

$25 to file, $5 per certified copy

The filing fee is $25, plus $5 for each certified copy needed — and no additional fee applies if a will is attached to the affidavit.

Real property changes the creditor timeline

When the house is part of what's being transferred, publishing notice within 30 days of filing starts a 3-month window for creditors to bring claims — a distinct timeline from the personal-property-only version of the affidavit.

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 process these filings at high volume, but §28-41-101's rules apply identically across all 75 Arkansas counties.

How-to — frequently asked questions

Who can file Arkansas's small estate affidavit?

One or more of the people receiving proceeds from the estate, called distributees, can file the Affidavit for Collection of Small Estate with the probate clerk.

What does the affidavit have to state?

That the eligibility conditions are true, including the 45-day wait, no pending personal representative appointment, and the estate's value against the $100,000 cap.

What is the filing fee?

$25 for filing plus $5 for each certified copy — no additional fee is charged if a will is attached to the affidavit.

What happens after the affidavit is filed?

The probate clerk signs the affidavit and places their seal on it, after which it can be presented to banks, title companies, or other holders of the decedent's property.

How do I file a small estate affidavit in Arkansas?

Wait 45 days, confirm the estate (excluding homestead) is at or under $100,000, file the affidavit with the probate clerk for $25, and publish notice within 30 days if real property is involved. Check whether an estate qualifies with the Arkansas small estate checker.

This page provides general guidance only and is not legal advice. Based on Ark. Code §28-41-101. Confirm current requirements with the Circuit Court Probate Division or a licensed Arkansas attorney before acting.