Do I Need a Transfer on Death Deed in Arkansas?
Arkansas authorizes transfer on death deedsArk. Code Ann. 18-12-608Verified Oct 17, 2026: a recorded, revocable deed that passes real property at death outside probate.
Yes. Arkansas allows beneficiary deedsArk. Code Ann. 18-12-608Verified Oct 17, 2026. The deed names a beneficiary for real property, is recorded during the owner's life, and passes the property at death without probate.
A beneficiary deed in Arkansas requires notary acknowledgmentArk. Code Ann. 18-12-608Verified Oct 18, 2026. The signed deed must be recorded at the circuit clerk / ex officio county recorder before death to take effectArk. Code Ann. 18-12-608Verified Oct 18, 2026. Must be recorded in the county where the property is located prior to the death of the owner or last surviving owner. Ark. Code Ann. 18-12-608(c)(1).
Yes. A beneficiary deed is revocable at any time during the owner's life, and Arkansas revokes one by: Recording a revocation instrument executed before the owner's death (statutory form in Ark. Code Ann. 18-12-608(h); must be recorded in the county where property is located before the owner's death per 18-12-608(d)(2)(B)). On a deed executed by two owners, a revocation signed by fewer than all of them takes effect only if the owner who signed it is the last surviving owner and it was recorded before that owner's death. Ark. Code Ann. 18-12-608(d)(3); Recording a subsequent beneficiary deed — the deed last SIGNED before the owner's death is effective regardless of recording sequence (Ark. Code Ann. 18-12-608(e))Ark. Code Ann. 18-12-608(d)Verified Oct 17, 2026. A will cannot revoke it.
Arkansas allows beneficiary deeds for all types of real property, including homes, land, condominiums, and commercial propertiesArk. Code Ann. 18-12-608Verified Oct 17, 2026.
Yes. Arkansas allows multiple beneficiaries on a beneficiary deedArk. Code Ann. 18-12-608Verified Oct 17, 2026; they take title as tenants in common unless the deed says otherwise. A successor beneficiary can be named to take if a primary beneficiary dies first.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Arkansas
Free forms for planning your estate in Arkansas: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Healthcare Power of Attorney
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.
Financial Power of Attorney
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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)Verified Sep 18, 2026View source.
Transfer on Death Deed
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.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
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.
Last Will and Testament
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.
Tools for Planning Your Estate in Arkansas
Free tools for planning your estate in Arkansas: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
Arkansas allows a transfer-on-death beneficiary designation on a vehicle titleArk. Code Ann. 27-14-727Verified Aug 25, 2026View source, filed through the Arkansas Department of Finance and Administration, Office of Motor Vehicle using Form 108.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Arkansas, four years at a public university cost about $77,880NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 13% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesArk. Code Ann. §§ 26-59-103, 26-59-106(c)(2)Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Arkansas does not revoke an ex-spouse as beneficiary at divorceArk. Code § 28-25-109Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Arkansas costs an estimated $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. Attorney fees are statutory (set by law)Ark. 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.
Who Inherits Without a Will?
Without a will in Arkansas, descendants divide what passes to them per capita with representationArk. Code §§ 28-9-204, 28-9-205Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursArk. Code § 28-10-202Verified Sep 10, 2026View source to inherit.
Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.
