For most Dallas County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Dallas County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court - Probate Division. The two tools that keep a Dallas County home out of probate are a transfer-on-death deed recorded with the Circuit Clerk, and a revocable living trust that holds title to the property.
Skipping this planning step means the Circuit Court - Probate Division decides who receives the property: a simple Arkansas probate takes 6+ months and opens with $165 in court filing fees. Arkansas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A beneficiary deed names a beneficiary who receives Dallas County property automatically at the owner's death, without probate. It is recorded with the Circuit Clerk during the owner's lifetime and can be revoked at any time.
Before recording, an Arkansas beneficiary deed is signed with notary acknowledgmentArk. Code Ann. 18-12-608Verified Oct 18, 2026. The deed takes effect only if it is recorded before the owner's deathArk. Code Ann. 18-12-608Verified Oct 18, 2026.
Deeds and other real property documents for Dallas County are recorded with the Circuit Clerk at Third and Oak Streets, Fordyce, AR 71742. Phone: 1-870-352-2307.
The Circuit Clerk charges $15 for the first page plus $5 for each additional page. A 2-page beneficiary deed costs $20 to record in Dallas County. A beneficiary deed is exempt from transfer tax.
Recording Office Record
Dallas County
Phone
Office
Fax
Recording fees
| Base fee (first page) | $15 |
| Each additional page | $5 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Ark. Code Ann. 21-6-306
Verified October 16, 2026 · Source
Solo PracticeCamden, AR
Camden firm serving southwest Arkansas — Ouachita, Calhoun, and Dallas counties — with probate, estate planning, and tax matters. Attorney Paul E. Lindsey handles estate administration alongside the tax planning that complex or tax-heavy estates need, in practice since 1978.
PracticesEstate PlanningProbateTax Planning
FirmMagnolia, AR
South Arkansas firm based in Magnolia (formed 2019 from a Magnolia/El Dorado merger) covering Columbia, Union, Ouachita, Calhoun, Dallas, and Lafayette county courts. For families after a death, handles probate of wills and estates, will contests, and guardianships, plus wills, trusts, and powers of attorney. Partners carry a combined 60 years of practice.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipProperty Law
FirmLittle Rock, AR
Little Rock firm on Cantrell Road handling probate and estate administration in Pulaski County and courts statewide. Walks executors through will validation, appointment of personal representatives, asset inventory and valuation, creditor claims, and final distribution under Arkansas law.
PracticesEstate PlanningTrust AdministrationProbateBusiness Lawand 3 more
Solo PracticeBenton, AR
Benton firm serving Saline County and the surrounding central Arkansas counties, handling probate in the local circuit courts. For estate settlement, the firm files probate cases, settles estates, and assists with trusts and wills. Don Spears has practiced since 1975, bringing over four decades of experience to probate matters.
PracticesEstate PlanningTrust AdministrationProbateBusiness LawReal Estate
FirmBryant, AR
Bryant estate planning and elder law firm serving Saline, Pulaski, and Garland counties, with additional offices in Hot Springs Village, Fayetteville, and Bentonville. Drafts wills, trusts, powers of attorney, and deeds, and handles long-term care and Medicaid planning, including emergency crisis cases. Founder Justin S. Elrod is one of only four Certified Elder Law Attorneys in Arkansas.
PracticesEstate PlanningProbateElder LawGuardianshipand 3 more
FirmHot Springs, AR
Hot Springs elder law and estate planning firm serving Garland, Hot Spring, and Saline counties and clients statewide. Handles wills, trusts, powers of attorney, probate, and transferring real estate outside probate, with deep work in long-term care, Medicaid, and VA Aid and Attendance planning. Offers a free 30-minute estate planning consultation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Arkansas statutes and official state code. How we research.
Free forms for planning your estate in Arkansas: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Arkansas.
In Arkansas, a will is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.
In Arkansas, a codicil is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, like a will.
Arkansas allows a choice for a healthcare power of attorney: 2Act 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Oct 15, 2026View source witnesses or a notary.
In Arkansas, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Arkansas treats a power of attorney as durable by defaultArk. 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, and it is signed with no witness or notary requirementArk. 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, a beneficiary deed is signed before a notaryArk. Code Ann. 18-12-608Verified Oct 18, 2026, then recorded with the county before the owner's deathArk. Code Ann. 18-12-608Verified Oct 18, 2026. Arkansas does not recognize a Lady Bird deed.
Arkansas allows a transfer-on-death beneficiary designation on a vehicle titleArk. Code Ann. 27-14-727Verified Oct 21, 2026View source, filed through the Arkansas Department of Finance and Administration, Office of Motor Vehicle using Form 108.
In Arkansas, the living will is the DeclarationArk. Code Ann. §§ 20-17-201 to 20-17-218 (Arkansas Rights of the Terminally Ill or Permanently Unconscious Act)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Free tools for planning your estate in Arkansas: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Arkansas and read its answer.
In Arkansas, a will is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and notarization is not requiredArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.
Arkansas recognizes a will signed under the law of the place where it was signedArk. Code Ann. §§ 28-25-105, 28-40-120Verified Oct 18, 2026View source; a will signed in Arkansas itself needs 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and notarization is not requiredArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.
In Arkansas, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Arkansas runs $2,890Estimate: 10 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,335Estimate: 15 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Arkansas runs $942Estimate: 3 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,884Estimate: 6 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Arkansas, a parent names a guardian for a minor child in a will or a separate signed writingArk. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Ark. Code § 9-25-101Verified Sep 15, 2026View source.
Probate in Arkansas takes 6 months to 9 months for a simple estate and charges 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; assets held in a revocable trust skip both.
Estate planning articles for Arkansas.
Estate planning articles for Arkansas.
