How Do I Settle an Estate in Arkansas?
Settling an estate in Arkansas: the personal representative files the estate inventory within 60 daysArk. Code § 28-49-110Verified Sep 15, 2026View source of appointment; creditors have 6 monthsArk. 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 to present claims; a simple estate closes in 6 months to 9 months.
Settling an estate in Arkansas means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 9 months to 12 months on average, and the creditor claim period of 6 monthsArk. Code § 28-50-101 (6 months from first publication of notice to creditors; § 28-50-101(h): 2 years from first publication for known or reasonably ascertainable creditors even without actual notice; § 28-50-101(d): 5-year absolute bar from death if no letters issued and no notice published)Verified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 60 daysArk. Code § 28-49-110Verified Sep 15, 2026View source of appointment, and Arkansas requires a formal appraisalArk. Code § 28-49-110Verified Sep 15, 2026View source.
Arkansas allows estates valued at $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or less to use the Affidavit for Collection of Small Estate by DistributeeArk. Code § 28-41-101Verified Sep 8, 2026View source, which avoids full probate administration. 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 waiting period is 45 daysArk. Code § 28-41-101Verified Sep 8, 2026View source after death.
The creditor claim period of 6 monthsArk. 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 runs from the first publication of the creditor notice, which follows the executor's appointment. The executor must publish notice in a local newspaperArk. 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 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 consecutive weeks and send direct notice to known creditorsArk. 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. Every claim is barred 60 monthsArk. 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 after death regardless of notice. Final distribution waits until the period has run.
Arkansas does not require a bond of the personal representative by defaultArk. Code § 28-48-201 (as rewritten by Act 326 of 2023 / HB1448 — court "may require" a bond, discretionary; former § 28-48-203 repealed by the same act), § 28-48-201(b)(1) (bond mandatory on a claimant's written demand); § 28-48-206 (court may increase, decrease, or dispense with bond for good cause — the will-direction and FDIC-fiduciary dispensations were stricken by Act 326 of 2023)Verified Sep 8, 2026View source. A court can still order one. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The Arkansas executor fee calculator covers what the role itself can charge.
In Arkansas, a simple estate typically settles in 6 months to 9 months, and an average estate in 9 months to 12 months. An estate with a dispute, a tax issue or an unusual asset runs longer.
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Named as Executor
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Learn moreForms for Settling an Estate in Arkansas
Free forms for settling an estate in Arkansas: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
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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 of notice to creditors; § 28-50-101(h): 2 years from first publication for known or reasonably ascertainable creditors even without actual notice; § 28-50-101(d): 5-year absolute bar from death if no letters issued and no notice published)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 Settling an Estate in Arkansas
Free tools for settling an estate in Arkansas: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
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.
Do I Have to File Tax Returns for Someone Who Died?
Arkansas requires a final state income tax return for the decedent alongside the federal Form 1040Ark. Code Ann. § 26-51-201(a)(4); Act 1, 1st Ex. Sess. 2026 (HB1001)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in Arkansas, the estate either qualifies for the simplified procedure for estates under $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsArk. Code § 28-50-101 (6 months from first publication of notice to creditors; § 28-50-101(h): 2 years from first publication for known or reasonably ascertainable creditors even without actual notice; § 28-50-101(d): 5-year absolute bar from death if no letters issued and no notice published)Verified Sep 8, 2026View source to file claims after notice.
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.
Hire an Arkansas Probate Attorney
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Arkansas Estate Settlement Resources
In-depth guides covering Arkansas probate, estate administration, and settling an estate.