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Arkansas Probate vs Living Trust Calculator

Arkansas's executor fee only touches personal property — but the attorney fee reaches your real estate too, which is exactly the combined cost a trust lets you skip.

Probate side: Ark. Code § 28-48-108 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Arkansas estate

Split your estate into personal and real property — the executor fee only touches one of them.

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Estimated Arkansas probate cost vs trust setup
Probate (estimated)
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Living trust setup
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Arkansas probate cost vs living trust cost

The probate side of this comparison reuses the same approach as the Arkansas Probate Cost Calculator: the executor fee under Ark. Code § 28-48-108(a) — 10% of the first $1,000, 5% of the next $4,000, 3% of the balance — capped on personal property only, plus the attorney fee's separate 6-tier schedule under § 28-48-108(d)(2) on the total value of real and personal property. Both are court-approved maximums. The trust side is market data, not a statutory figure: Arkansas attorneys typically charge roughly $1,000–$3,000 for a basic revocable living trust, with Arkansas-specific hourly-rate data putting a fuller plan closer to $2,890–$4,335. See the full breakdown in Arkansas Living Trust Setup Cost.

Worth noting: Arkansas has no state estate or inheritance tax, so unlike some states in this comparison, there's no tax-avoidance angle to a trust here — the case rests on the two statutory fees, the timeline, and privacy.

Arkansas probate vs living trust — frequently asked questions

Why is Arkansas's executor fee only on personal property?

Ark. Code 28-48-108(a) caps the ordinary executor fee at 10/5/3% of personal property only — real property isn't in that base, though the court can allow additional compensation for substantial work on real property under 28-48-108(b).

Is a living trust worth it in Arkansas?

Often yes for an estate with significant real property, since the attorney fee schedule (unlike the executor's) applies to total value including real estate — a trust avoids that combined cost, not just tax, since Arkansas has none.

How much does Arkansas probate cost compared to a living trust?

On a $500,000 estate (all personal property), the executor fee caps around $16,150 and the attorney fee runs its own separate schedule on the total value, plus the flat $165 court fee. An Arkansas living trust typically costs $1,000–$3,000, or $2,890–$4,335 with Arkansas-specific hourly-rate data.

Arkansas living trust tools & guides

Arkansas Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in Arkansas?A decision framework Arkansas Living Trust Funding MistakesWhy trusts still fail to avoid probate Arkansas Probate Cost CalculatorThe two statutory scales Arkansas Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on Arkansas statute (Ark. Code § 28-48-108). Trust-side figures are illustrative market rates, not a legal or statutory amount, and vary by attorney and estate complexity. Confirm current figures with the Circuit Court or a licensed Arkansas estate planning attorney before acting.