How Does Estate Planning Work in Arkansas?

Your complete Arkansas estate planning overview: probate costs, will execution requirements, trust rules, and what happens if you die without a plan.

Frequently Asked Questions

Arkansas has statutory probate fees set by law as a percentage of the gross estate value — about $28,415 all-in on a $500,000 estate. Estates with personal property under $100,000 may qualify for Affidavit for Collection of Small Estate by Distributee.

Simple estates in Arkansas typically take 6-9 months through probate. Complex or contested estates can take 1-3 years. A revocable trust avoids probate entirely.

Arkansas has adopted the Uniform Trust Code and does not require witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. Arkansas has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 6 months), which the trustee settles before distributing.

Arkansas offers remote online notarization (RON) for estate planning documents and transfer-on-death deeds to pass real estate without probate. These tools, combined with revocable trusts and beneficiary designations, provide multiple ways to transfer assets without probate.

A healthcare power of attorney in Arkansas requires 2 witnesses or notarization to be valid. A financial power of attorney requires no witnesses or notarization. A financial power of attorney is durable by default, so it stays in effect if you become incapacitated.

In Arkansas, the executor must file an inventory of the estate's assets within 60 days of appointment. A revocable trust skips the court-supervised inventory entirely, so a trustee distributes assets without filing one.

In Arkansas, divorce does not automatically revoke a beneficiary designation that names a former spouse — the former spouse remains the named beneficiary until the designation is changed.

Estate Planning in Arkansas

Estate planning in Arkansas is shaped by statutory probate fees and remote online notarization. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

Probate in Arkansas runs attorney and executor fees set by statute (Ark. Code § 28-48-108(d)(2)), so the cost on a large estate is predictable but mandatory. A simple estate typically closes in 6-9 months, and the 6-month creditor-claim window sets the floor. Estates under $100K can use the Affidavit for Collection of Small Estate by Distributee and avoid full probate administration. In Arkansas the affidavit is filed with the court, and holders honor it once filed — but no personal representative is appointed and no letters issue.

For a revocable trust, Arkansas does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Arkansas has adopted the Uniform Trust Code, so trust administration follows the same baseline rules used in most states.

Arkansas offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate and remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated July 13, 2026

Sources

lexisnexis.com

Data sourced from Arkansas estate law primary sources (1 pages reviewed). How we research.

Arkansas Estate Planning Tools

Answer a specific Arkansas question: How much does probate cost in Arkansas? · Who inherits without a will in Arkansas? · Do I need probate in Arkansas? · How much does a will cost in Arkansas? · How much does a trust cost in Arkansas? · How do I sign a will in Arkansas?

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