How Do I Settle an Estate in Arkansas?
Add the estate's financial accounts, insurance, government agencies, digital accounts, and property. The plan compiles each one's process, contacts, and required documents on top of your state's rules - into one document.
Frequently Asked Questions
Settling an estate in Arkansas involves gathering assets, notifying creditors, paying debts, and distributing property to beneficiaries. Estates with a living trust typically settle within 6-12 months without court involvement. Estates requiring probate take 9-12 months on average, with a minimum 6-month creditor claim period.Ark. Code §§ 28-48-108(a) (executor compensation — just and reasonable, capped at 10% first $1K / 5% next $4K / 3% balance of personal property fully administered), 28-48-108(d)(2)-(3) (attorney fee schedule — 6-tier, 5% to 2%, on total market value reportable in circuit court; court adjusts if excessive or insufficient), 28-41-101 (small estate affidavit — $100K / 45 days / real property counts toward the cap / homestead and statutory allowances excluded), 28-50-101 (creditor claims — 6 months from first publication; (h) 2 years from first publication for known or reasonably ascertainable creditors; (d) 5-year absolute bar), 28-48-201 (bond — court "may require"; mandatory on written demand under (b)(1)), 28-48-206 (court may increase, decrease, or dispense with bond for good cause), 28-40-111(a)(1)(A) (mandatory publication of notice of appointment), 28-1-112 (notice requirements), 28-40-119 (court admits will and grants letters), 28-1-106 (probate referee and clerk), 28-52-103(a) (PR must file verified accounts with the court), 28-49-110 (PR-prepared inventory). Bond sections rewritten by Act 326 of 2023 (HB1448, 94th GA): § 28-48-201 "shall take" stricken and "may require" added, § 28-48-203 (sureties) repealed, and § 28-48-206's will-direction / FDIC-fiduciary / distributee-waiver dispensations stricken. Verified 2026-09-08. The official Arkansas Code (lexisnexis.com/hottopics/arcode/) is a Lexis Advance container that returns a 200 carrying zero statute text, so every section above was read from the codified 2025 Arkansas Code edition on law.justia.com under headless Chrome (Justia Cloudflare-challenges browser-UA curl); e.g. law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-48/subchapter-1/section-28-48-108/. law.onecle.com is NOT a usable Arkansas mirror — it is frozen at “Last modified: November 15, 2016” and still serves the pre-Act-326 “the court or the clerk ... shall take a bond” text of § 28-48-201 and the repealed will-direction / FDIC-fiduciary dispensations of § 28-48-206. The Act 326 of 2023 changes were confirmed against the codified sections, never the act PDF alone, because act PDFs render stricken text identically to enacted text. CURRENCY (2026-09-08): the 2025 edition already folds in the 2025 Regular Session (the history line of § 21-6-403 carries “2025, No. 986, § 4”). The only sessions enacted after it are the 2026 Fiscal Session and the 2026 First Extraordinary Session, and the arkleg session list shows no later session. Every enacted public act of both was downloaded from arkleg.state.ar.us/Home/FTPDocument and converted with pdftotext -layout — 174 acts for 2026F and 2 for 2026S1, a boundary that is exact because a missing act number returns a 42-byte GIF rather than a PDF — and the strings 28-48-108, 28-48-201, 28-48-206, 28-50-101, 28-40-111, 28-40-119, 28-41-101, 28-1-106, 28-52-103, 21-6-403 and 21-6-416 appear in ZERO of the 176 act texts. Controls: “Arkansas Code §” matched 25 act texts and “Arkansas Code” matched 87, so the scan is real; a nonsense term matched 0.Verified Sep 8, 2026 In probate cases, an inventory of estate assets is due within 60 days of appointment and an appraisal is required.Ark. Code § 28-49-110Verified Sep 15, 2026 The plan turns that sequence into a dated timeline: the accounts and agencies to notify, the inventory and its date-of-death values, the ledger behind the accounting, and who receives what.
Arkansas allows estates valued at $100,000 or less to use the Affidavit for Collection of Small Estate by Distributee, which avoids full probate administration.Ark. Code §§ 28-48-108(a) (executor compensation — just and reasonable, capped at 10% first $1K / 5% next $4K / 3% balance of personal property fully administered), 28-48-108(d)(2)-(3) (attorney fee schedule — 6-tier, 5% to 2%, on total market value reportable in circuit court; court adjusts if excessive or insufficient), 28-41-101 (small estate affidavit — $100K / 45 days / real property counts toward the cap / homestead and statutory allowances excluded), 28-50-101 (creditor claims — 6 months from first publication; (h) 2 years from first publication for known or reasonably ascertainable creditors; (d) 5-year absolute bar), 28-48-201 (bond — court "may require"; mandatory on written demand under (b)(1)), 28-48-206 (court may increase, decrease, or dispense with bond for good cause), 28-40-111(a)(1)(A) (mandatory publication of notice of appointment), 28-1-112 (notice requirements), 28-40-119 (court admits will and grants letters), 28-1-106 (probate referee and clerk), 28-52-103(a) (PR must file verified accounts with the court), 28-49-110 (PR-prepared inventory). Bond sections rewritten by Act 326 of 2023 (HB1448, 94th GA): § 28-48-201 "shall take" stricken and "may require" added, § 28-48-203 (sureties) repealed, and § 28-48-206's will-direction / FDIC-fiduciary / distributee-waiver dispensations stricken. Verified 2026-09-08. The official Arkansas Code (lexisnexis.com/hottopics/arcode/) is a Lexis Advance container that returns a 200 carrying zero statute text, so every section above was read from the codified 2025 Arkansas Code edition on law.justia.com under headless Chrome (Justia Cloudflare-challenges browser-UA curl); e.g. law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-48/subchapter-1/section-28-48-108/. law.onecle.com is NOT a usable Arkansas mirror — it is frozen at “Last modified: November 15, 2016” and still serves the pre-Act-326 “the court or the clerk ... shall take a bond” text of § 28-48-201 and the repealed will-direction / FDIC-fiduciary dispensations of § 28-48-206. The Act 326 of 2023 changes were confirmed against the codified sections, never the act PDF alone, because act PDFs render stricken text identically to enacted text. CURRENCY (2026-09-08): the 2025 edition already folds in the 2025 Regular Session (the history line of § 21-6-403 carries “2025, No. 986, § 4”). The only sessions enacted after it are the 2026 Fiscal Session and the 2026 First Extraordinary Session, and the arkleg session list shows no later session. Every enacted public act of both was downloaded from arkleg.state.ar.us/Home/FTPDocument and converted with pdftotext -layout — 174 acts for 2026F and 2 for 2026S1, a boundary that is exact because a missing act number returns a 42-byte GIF rather than a PDF — and the strings 28-48-108, 28-48-201, 28-48-206, 28-50-101, 28-40-111, 28-40-119, 28-41-101, 28-1-106, 28-52-103, 21-6-403 and 21-6-416 appear in ZERO of the 176 act texts. Controls: “Arkansas Code §” matched 25 act texts and “Arkansas Code” matched 87, so the scan is real; a nonsense term matched 0.Verified Sep 8, 2026 In Arkansas the affidavit is filed with the probate clerk of the circuit court (Probate Division), and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 45 days after death. As you enter the estate's assets, the plan totals what is subject to probate and checks it against that limit.
Creditors in Arkansas have 6 months from first publication of notice to file claims against the estate.Ark. Code §§ 28-50-101, 28-50-103, 28-50-104, 28-50-105, 28-50-106, 28-1-112, 28-40-111Verified Sep 15, 2026 The executor must publish notice in a local newspaper for 2 consecutive weeks and send direct notice to known creditors. All claims are barred 5 years after death regardless of notice. No final distribution should occur until this period expires. Enter the date the clock started and the plan works out when the window closes, then holds the distribution and final-accounting steps until it does.
In Arkansas, simple estates typically settle in 6-9 months. Average estates take 9-12 months. Complex estates with disputes, tax issues, or unusual assets can take 12-24 months or longer.Ark. Code §§ 28-48-108(a) (executor compensation — just and reasonable, capped at 10% first $1K / 5% next $4K / 3% balance of personal property fully administered), 28-48-108(d)(2)-(3) (attorney fee schedule — 6-tier, 5% to 2%, on total market value reportable in circuit court; court adjusts if excessive or insufficient), 28-41-101 (small estate affidavit — $100K / 45 days / real property counts toward the cap / homestead and statutory allowances excluded), 28-50-101 (creditor claims — 6 months from first publication; (h) 2 years from first publication for known or reasonably ascertainable creditors; (d) 5-year absolute bar), 28-48-201 (bond — court "may require"; mandatory on written demand under (b)(1)), 28-48-206 (court may increase, decrease, or dispense with bond for good cause), 28-40-111(a)(1)(A) (mandatory publication of notice of appointment), 28-1-112 (notice requirements), 28-40-119 (court admits will and grants letters), 28-1-106 (probate referee and clerk), 28-52-103(a) (PR must file verified accounts with the court), 28-49-110 (PR-prepared inventory). Bond sections rewritten by Act 326 of 2023 (HB1448, 94th GA): § 28-48-201 "shall take" stricken and "may require" added, § 28-48-203 (sureties) repealed, and § 28-48-206's will-direction / FDIC-fiduciary / distributee-waiver dispensations stricken. Verified 2026-09-08. The official Arkansas Code (lexisnexis.com/hottopics/arcode/) is a Lexis Advance container that returns a 200 carrying zero statute text, so every section above was read from the codified 2025 Arkansas Code edition on law.justia.com under headless Chrome (Justia Cloudflare-challenges browser-UA curl); e.g. law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-48/subchapter-1/section-28-48-108/. law.onecle.com is NOT a usable Arkansas mirror — it is frozen at “Last modified: November 15, 2016” and still serves the pre-Act-326 “the court or the clerk ... shall take a bond” text of § 28-48-201 and the repealed will-direction / FDIC-fiduciary dispensations of § 28-48-206. The Act 326 of 2023 changes were confirmed against the codified sections, never the act PDF alone, because act PDFs render stricken text identically to enacted text. CURRENCY (2026-09-08): the 2025 edition already folds in the 2025 Regular Session (the history line of § 21-6-403 carries “2025, No. 986, § 4”). The only sessions enacted after it are the 2026 Fiscal Session and the 2026 First Extraordinary Session, and the arkleg session list shows no later session. Every enacted public act of both was downloaded from arkleg.state.ar.us/Home/FTPDocument and converted with pdftotext -layout — 174 acts for 2026F and 2 for 2026S1, a boundary that is exact because a missing act number returns a 42-byte GIF rather than a PDF — and the strings 28-48-108, 28-48-201, 28-48-206, 28-50-101, 28-40-111, 28-40-119, 28-41-101, 28-1-106, 28-52-103, 21-6-403 and 21-6-416 appear in ZERO of the 176 act texts. Controls: “Arkansas Code §” matched 25 act texts and “Arkansas Code” matched 87, so the scan is real; a nonsense term matched 0.Verified Sep 8, 2026 The plan lays the work out across those months and reorders it around the dates you enter.
An executor (or personal representative) in Arkansas is responsible for filing the will with the probate court, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries. The specific duties depend on whether the estate goes through formal probate or qualifies for simplified procedures. The plan carries each of those duties as a task, with the institution, agency, or office it belongs to attached. See the Arkansas executor appointment guide for how to get appointed and begin.
Estate settlement costs in Arkansas include court filing fees, attorney fees, executor compensation, publication costs, and potentially a probate bond. On a $500,000 estate, total costs run about $27,915 depending on complexity. Costs you pay out of pocket go on the ledger as reimbursable disbursements, so what the estate owes you back is on the record. Use the Arkansas probate calculator for a detailed cost estimate.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreMore tools for handling this estate
Calculators and checklists for executors and trustees.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Renunciation of Executor
Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
What's Fair Trustee Compensation?
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Hire an Arkansas Estate Administration Attorney
Browse 19 estate administration firms in Arkansas with addresses, contact info, and practice details.
Arkansas Estate Settlement Resources
In-depth guides covering Arkansas probate, estate administration, and settling an estate.
