Free Arkansas Small Estate Affidavit

Prepare the Arkansas small estate affidavit for estates up to $100,000, plus presentation letters for each holder. Ark. Code Ann. § 28-41-101.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Arkansas Small Estate Affidavits

Arkansas publishes Form 23 Affidavit for Collection of Small Estate by Distributee (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per Ark. Code Ann. § 28-41-101(a)(1)(D)(i)-(iv).

$100,000, per Ark. Code Ann. § 28-41-101. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

45 days after the death (Ark. Code Ann. § 28-41-101). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The distributee(s) of the estate — one or more of the distributees file the affidavit, and the distributees may then collect and distribute the assets of the estate without the appointment of a personal representative. Form 23 identifies the takers as the surviving spouse, heirs, or devisees under the decedent's will. Ark. Code Ann. § 28-41-101(a)(1), (a)(1)(D).

Filed with the probate clerk of the circuit court of the county of proper venue for administration. The clerk certifies copies of the filed affidavit (Form 23's Certificate of Clerk attests it is a true copy, that the affidavit remains on file, and that no petition for appointment of a personal representative has been filed); the distributee collects by furnishing the clerk-certified copy to any person owing money, having custody of property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right of the decedent.

Real property is INCLUDED in the Arkansas procedure: it counts toward the value ceiling, and the affidavit must carry a legal description and valuation of any real property including the homestead (§ 28-41-101(a)(1)(D)(ii)). If the collected estate contains real property, the distributee shall publish a claims notice within 30 days after the affidavit is filed, and claims are barred 3 months after the first publication (§ 28-41-101(b)(2)). Form 23's Reporter's Note additionally states the distributee of real estate files a deed in the county where the real property is located (citing § 28-41-102(d)). Ark. Code Ann. §§ 28-41-101(a)(1)(C)-(D), (b)(2), 28-41-102.

Small Estate Collection in Arkansas

Arkansas has no statewide affidavit form; Ark. Code Ann. § 28-41-101(a)(1)(D)(i)-(iv) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per Ark. Code Ann. § 28-41-101. The affidavit can be signed 45 days after the death.

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Free Arkansas Small Estate Affidavit

Prepare the Arkansas small estate affidavit for estates up to $100,000, plus presentation letters for each holder. Ark. Code Ann. § 28-41-101.

Progress0%

Frequently Asked Questions About Arkansas Small Estate Affidavits

$100,000, per Ark. Code Ann. § 28-41-101. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

45 days after the death (Ark. Code Ann. § 28-41-101). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Small Estate Collection in Arkansas

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per Ark. Code Ann. § 28-41-101. The affidavit can be signed 45 days after the death.

Free Arkansas Small Estate Affidavit

Your Information

Frequently Asked Questions About Arkansas Small Estate Affidavits