When Is Probate Required in Arkansas?

Real estate in Arkansas generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Arkansas, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Arkansas, simple estates typically take 6-9 months. Average estates take 9-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer.Ark. Code §§ 28-48-108(a) (executor compensation — just and reasonable cap: 10% first $1K / 5% next $4K / 3% balance of personal property), 28-48-108(d)(2) (attorney fee schedule — 6-tier progressive, 5% to 2%, on total market value), 28-41-101 (small estate affidavit, $100K / 45 days / real property counts toward cap), 28-50-101 (creditor claims: 6 months from first publication; 2-year bar for non-noticed creditors; 5-year absolute bar), 28-48-201 (bond — "may require", discretionary; amended by Act 326 of 2023 / HB1448, eff. 8/1/2023; prior "shall take" language stricken; § 28-48-203 repealed), 28-48-206 (dispensing with bond — will direction or FDIC-insured fiduciary), 28-40-111 (publication of notice of appointment), 28-1-112 (publication method), 28-49-110 (PR-prepared inventory and appraisement). Verified 2026-05-31 via Justia 2024 Arkansas Code (law.justia.com/codes/arkansas/title-28/) and HB1448 bill text (arkleg.state.ar.us/Bills/Detail?id=HB1448&ddBienniumSession=2023/2023R).Verified May 31, 2026 Estimate total costs with the Arkansas probate calculator.

Probate costs in Arkansas typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Arkansas probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Arkansas include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.