How Do I Avoid Probate in Arkansas?

Arkansas has no general statute making a payable-at-death provision in a written instrument nontestamentaryArk. Code Ann. Title 28, §§ 23-79-101 to 23-79-168 and §§ 23-81-101 to 23-81-137Verified Nov 1, 2026View source. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Arkansas: Arkansas land granted to two or more people is held as tenants in common unless the deed expressly declares a joint tenancy. A deed may convey to joint tenants with right of survivorship, and spouses may hold as tenants by the entirety. Where it is not shown by clear and convincing evidence that one co-owner outlived the other by 120 hours, half the property passes as if each had survivedArk. Code Title 18, ch. 12, subchs. 1, 2 and 6; §§ 14-15-401 to 14-15-403; Title 28, chs. 8, 10 and 15; Title 20, chs. 17 and 18Verified Oct 26, 2026View source. Arkansas recognizes the transfer on death deedArk. Code Ann. 18-12-608Verified Oct 17, 2026: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

Arkansas titles a vehicle with a transfer on death designationArk. Code Ann. 27-14-727Verified Oct 21, 2026View source: the vehicle passes to the named beneficiary at the owner's death without probate. The form is Request for Title or Watercraft Registration with Beneficiary (Form 108)Ark. Code Ann. 27-14-727View source. A vehicle in the owner's name alone is part of the probate estate.