How Does Estate Planning Work in Arkansas?
Probate on a $500,000 estate in Arkansas costs an estimated $27,915Ark. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees set by statute as a percentage of the gross estateArk. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source. Estates under $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source can use a small-estate procedure instead.
A simple estate in Arkansas typically takes 6 months to 9 months through probate, and an average estate 9 months to 12 months; a contested one runs longer. The creditor claim period of 6 monthsArk. Code § 28-50-101 (6 months from first publication); § 28-50-101(h) (2 years for known or reasonably ascertainable creditors); § 28-50-101(d) (5-year bar from death)Verified Sep 8, 2026View source is the floor. A funded revocable trust avoids probate entirely.
Arkansas has adopted the Uniform Trust CodeArk. Code Ann. § 28-73-101 et seq.Verified Oct 17, 2026View source and does not require witnesses for trust executionArk. Code Ann. § 28-73-101 et seq.Verified Oct 17, 2026View source. Notarization is not required for validityArk. Code Ann. § 28-73-101 et seq.Verified Oct 17, 2026View source, 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 monthsArk. Code Ann. § 28-73-505(a) (lifetime claims only; no post-death trust creditor procedure), § 28-50-101 (probate PR publication, 6-month bar).Verified Oct 17, 2026View source), which the trustee settles before distributing.
A healthcare power of attorney in Arkansas requires 2 witnesses or notarizationAct 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Oct 15, 2026View source to be valid. A financial power of attorney requires no witnesses or notarizationArk. Code §§ 28-68-102, 28-68-104, 28-68-105, 28-68-106, 28-68-107, 28-68-109, 28-68-112, 28-68-113, 28-68-119, 28-68-120, 28-68-201, 28-68-204 through 28-68-217, 28-68-301; Ark. Code § 18-12-501; Acts 2011 No. 805 (SB887, primary enactment); Acts 2021 No. 804 (HB1518, added "create" to § 28-68-201(a)(1) and § 28-68-301 form); Acts 2021 No. 356 (HB1455, amended §§ 18-12-501, 18-12-502); no amendments to Ch. 68 or § 18-12-501 after 2021 (re-checked 2026-09-18 via arkleg Code Sections Amended, /Acts/CodeSection?section=28|18 for every session 2013R through 2026F/2026S1 — zero Ch. 68 / § 18-12-501 rows; 2021R control returns §§ 28-68-201, 28-68-301, 18-12-501, 18-12-502; 2026F/2026S1 positive-controlled on titles 6, 19, 25, 26); verified 2026-09-18 against Act 805, Act 804, and Act 356 PDFs from arkleg.state.ar.us (amendment pages rendered to check strike/underline)Verified Sep 18, 2026View source. A financial power of attorney is durable by default, so it stays in effect if you become incapacitatedArk. Code §§ 28-68-102, 28-68-104, 28-68-105, 28-68-106, 28-68-107, 28-68-109, 28-68-112, 28-68-113, 28-68-119, 28-68-120, 28-68-201, 28-68-204 through 28-68-217, 28-68-301; Ark. Code § 18-12-501; Acts 2011 No. 805 (SB887, primary enactment); Acts 2021 No. 804 (HB1518, added "create" to § 28-68-201(a)(1) and § 28-68-301 form); Acts 2021 No. 356 (HB1455, amended §§ 18-12-501, 18-12-502); no amendments to Ch. 68 or § 18-12-501 after 2021 (re-checked 2026-09-18 via arkleg Code Sections Amended, /Acts/CodeSection?section=28|18 for every session 2013R through 2026F/2026S1 — zero Ch. 68 / § 18-12-501 rows; 2021R control returns §§ 28-68-201, 28-68-301, 18-12-501, 18-12-502; 2026F/2026S1 positive-controlled on titles 6, 19, 25, 26); verified 2026-09-18 against Act 805, Act 804, and Act 356 PDFs from arkleg.state.ar.us (amendment pages rendered to check strike/underline)Verified Sep 18, 2026View source.
In Arkansas, the executor files an inventory of the estate's assets within 60 daysArk. Code § 28-49-110Verified Sep 15, 2026View source of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.
In Arkansas, divorce does not automatically revoke a beneficiary designation that names a former spouseArk. Code § 28-25-109Verified Sep 15, 2026View source; the former spouse stays the named beneficiary until the designation is changed.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning and Settling an Estate in Arkansas
Free Arkansas forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Arkansas, the notice to creditors is published for 2Ark. Code §§ 28-50-101, 28-50-103, 28-50-104, 28-50-105, 28-50-106, 28-1-112, 28-40-111Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 6 monthsArk. Code § 28-50-101 (6 months from first publication); § 28-50-101(h) (2 years for known or reasonably ascertainable creditors); § 28-50-101(d) (5-year bar from death)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Arkansas, a person named as personal representative may refuse the appointmentArk. Code Ann. § 28-40-107(a)(3)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Arkansas, the Affidavit for Collection of Small Estate by DistributeeArk. Code § 28-41-101Verified Sep 8, 2026View source covers estates valued at $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or less, 45 daysArk. Code § 28-41-101Verified Sep 8, 2026View source after death, filed with the court.
Estate Inventory
In Arkansas, the personal representative files the estate inventory within 60 daysArk. Code § 28-49-110Verified Sep 15, 2026View source of appointment.
Estate Closing
In Arkansas, the personal representative is discharged by court orderArk. Code §§ 28-53-118, 28-53-104(b)Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Planning and Settling an Estate in Arkansas
Free calculators and checklists for planning or settling an estate in Arkansas: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Are Estate & Inheritance Taxes?
Arkansas levies no estate or inheritance taxArk. Code Ann. §§ 26-59-103, 26-59-106(c)(2)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Arkansas imposes no inheritance or estate taxArk. Code Ann. §§ 26-59-103, 26-59-106(c)(2)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Arkansas take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces state tax on the 50% of long-term gain left after a 50% exclusionArk. Code Ann. § 26-51-815(b)(2)(C) (Act 1173 of 2015)Verified Sep 15, 2026View source.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Does Probate Cost?
Probate on a $500,000 estate in Arkansas costs an estimated $27,915Ark. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source. Attorney fees are statutory (set by law)Ark. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source.
Who Inherits Without a Will?
Without a will in Arkansas, descendants divide what passes to them per capita with representationArk. Code §§ 28-9-204, 28-9-205Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursArk. Code § 28-10-202Verified Oct 21, 2026View source to inherit.
How Many Death Certificates Do I Need?
In Arkansas, certified death certificates come from the Arkansas Department of Health - Vital RecordsArkansas Department of Health - Vital RecordsVerified Oct 15, 2026View source; the first copy costs $10Arkansas Department of Health - Vital RecordsVerified Oct 15, 2026View source, additional copies $8Arkansas Department of Health - Vital RecordsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Arkansas, estates valued at $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or less use the Affidavit for Collection of Small Estate by DistributeeArk. Code § 28-41-101Verified Sep 8, 2026View source, 45 daysArk. Code § 28-41-101Verified Sep 8, 2026View source after death, a court filing short of full probate.
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Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.