Free Arkansas Small Estate Affidavit

In Arkansas, the Affidavit for Collection of Small Estate by Distributee covers estates valued at $100,000 or less, 45 days after death, filed with the court.

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The Arkansas affidavit identifies the claiming successor and the basis of entitlement.

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The decedent's state. Only states where this tool prepares the affidavit are listed.

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The successor signing the affidavit.

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Arkansas publishes Form 23 Affidavit for Collection of Small Estate by Distributee; the affidavit reproduces the state's form.

In Arkansas, estates valued at $100,000 or less use the Affidavit for Collection of Small Estate by Distributee, 45 days after death, a court filing short of full probate. Real property counts toward the limit. An estate over the limit does not qualify, and no affidavit is prepared for it.

45 days after the death. The affidavit states that the period has passed, so it cannot be signed earlier.

In Arkansas the affidavit is filed with the probate clerk of the circuit court (Probate Division), and holders honor the court's certified copy — but no letters testamentary or of administration issue.

The Arkansas affidavit is signed before a notary.

Small Estate Collection in Arkansas

Arkansas publishes Form 23 Affidavit for Collection of Small Estate by Distributee, and the affidavit reproduces the state's form. Arkansas's name for the procedure is “Affidavit for Collection of Small Estate by Distributee”; it collects the decedent's property through a filing that appoints no personal representative.

The ceiling is $100,000; an estate over it does not qualify. Real estate counts toward the ceiling. The affidavit may be signed 45 days after the death.

Arkansas says who may sign: The distributee(s) of the estate — the distributee may collect and distribute the assets of the estate without the appointment of a personal representative, and one or more of the distributees files the affidavit. Form 23 identifies the takers as the surviving spouse, heirs, or devisees under the decedent's will. The affiant signs it before a notary.

Where it is filed: Filed with the probate clerk of the circuit court of the county of proper venue for administration. The clerk files the affidavit, assigns it a number, and indexes it as required by § 28-1-108(1), charging $25.00 to file plus $5.00 per certified copy; no order of the court or other proceeding is necessary, and no additional fee is charged if a will is attached (§ 28-41-101(b)(1)).

The effect on the holder and on the successor: The person making payment, transfer, or delivery pursuant to the affidavit 'shall be released to the same extent as if made to a personal representative of the decedent,' and is not required to see to the application of the property or to inquire into the truth of any statement in the affidavit (§ 28-41-102(a)). The distributee who receives the property takes it 'as trustee,' answerable to any person having a prior right and accountable to any personal representative thereafter appointed (§ 28-41-102(b)(1)).

SimplyTrust Editorial·Updated September 8, 2026

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Data sourced from Arkansas statutes and official state code. How we research.

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Free Arkansas Small Estate Affidavit

In Arkansas, the Affidavit for Collection of Small Estate by Distributee covers estates valued at $100,000 or less, 45 days after death, filed with the court.

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Small Estate Collection in Arkansas

The ceiling is $100,000; an estate over it does not qualify. Real estate counts toward the ceiling. The affidavit may be signed 45 days after the death.

Free Arkansas Small Estate Affidavit

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Free Arkansas Small Estate Affidavit

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