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Step-by-step guide for executors navigating probate, from filing the will to closing the estate.
An executor (or personal representative) in Arkansas is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.
The probate petition filing fee in Arkansas starts at approximately $165.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discretionary; amended by Act 326 of 2023 / HB1448, eff. 8/1/2023; prior "shall take" language stricken; § 28-48-203 repealed), 28-48-206 (dispensing with bond — will direction or FDIC-insured fiduciary), 28-40-111 (publication of notice of appointment), 28-1-112 (publication method),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 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.
Arkansas requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 6 months to file claims.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discretionary; amended by Act 326 of 2023 / HB1448, eff. 8/1/2023; prior "shall take" language stricken; § 28-48-203 repealed), 28-48-206 (dispensing with bond — will direction or FDIC-insured fiduciary), 28-40-111 (publication of notice of appointment), 28-1-112 (publication method),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 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.
Arkansas allows estates valued at $100,000 or less to use a Affidavit for Collection of Small Estate by Distributee.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 The waiting period is 45 days after death. This avoids the need for formal probate and significantly reduces time and cost.
Arkansas allows executors to receive reasonable compensation.Ark. Code § 28-48-108(a) (just and reasonable; not to exceed 10% first $1K + 5% next $4K + 3% balance of personal property passing through PR's hands)Verified May 31, 2026 Typical executor fees range from 2% to 3% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Arkansas executor fee calculator.
Probate costs in Arkansas include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Arkansas probate calculator provides a detailed cost estimate based on estate value.
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.
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