What Happens to Jointly Owned Property in Arkansas When an Owner Dies?
When a joint owner dies in Arkansas: Arkansas law names no affidavit or certificate to record when a joint tenant or tenant by the entirety dies. The deceased owner's interest passes to the survivor under the deed that created the survivorship tenancyArk. 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 law names no affidavit or certificate to record when a joint tenant or tenant by the entirety dies. The deceased owner's interest passes to the survivor under the deed that created the survivorship tenancyArk. 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 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 law names no affidavit or other instrument for a beneficiary deed grantee to record after the owner dies. The beneficiary deed transfers the interest to the designated grantee effective upon the owner's death, and the deed itself takes effect only if it was recorded before that deathArk. Code § 18-12-608; §§ 18-12-601 to 18-12-609; §§ 14-15-402, 14-15-403 and 26-60-102Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in Arkansas
Free forms for settling an estate in Arkansas: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Arkansas, the notice to creditors is published for 2Ark. Code §§ 28-50-101, 28-50-103, 28-50-104, 28-50-105, 28-50-106, 28-1-112, 28-40-111Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 6 monthsArk. Code § 28-50-101 (6 months from first publication); § 28-50-101(h) (2 years for known or reasonably ascertainable creditors); § 28-50-101(d) (5-year bar from death)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Arkansas, a person named as personal representative may refuse the appointmentArk. Code Ann. § 28-40-107(a)(3)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Arkansas, the Affidavit for Collection of Small Estate by DistributeeArk. Code § 28-41-101Verified Sep 8, 2026View source covers estates valued at $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or less, 45 daysArk. Code § 28-41-101Verified Sep 8, 2026View source after death, filed with the court.
Estate Inventory
In Arkansas, the personal representative files the estate inventory within 60 daysArk. Code § 28-49-110Verified Sep 15, 2026View source of appointment.
Estate Closing
In Arkansas, the personal representative is discharged by court orderArk. Code §§ 28-53-118, 28-53-104(b)Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in Arkansas
Free tools for settling an estate in Arkansas: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Arkansas, certified death certificates come from the Arkansas Department of Health - Vital RecordsArkansas Department of Health - Vital RecordsVerified Oct 15, 2026View source; the first copy costs $10Arkansas Department of Health - Vital RecordsVerified Oct 15, 2026View source, additional copies $8Arkansas Department of Health - Vital RecordsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Arkansas, estates valued at $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or less use the Affidavit for Collection of Small Estate by DistributeeArk. Code § 28-41-101Verified Sep 8, 2026View source, 45 daysArk. Code § 28-41-101Verified Sep 8, 2026View source after death, a court filing short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Arkansas requires a final state income tax return for the decedent alongside the federal Form 1040Ark. Code Ann. § 26-51-201(a)(4); Act 1, 1st Ex. Sess. 2026 (HB1001)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Arkansas: the personal representative files the estate inventory within 60 daysArk. Code § 28-49-110Verified Sep 15, 2026View source of appointment; creditors have 6 monthsArk. Code §§ 28-50-101, 28-50-103, 28-50-104, 28-50-105, 28-50-106, 28-1-112, 28-40-111Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Arkansas, the estate either qualifies for the simplified procedure for estates under $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsArk. Code § 28-50-101 (6 months from first publication); § 28-50-101(h) (2 years for known or reasonably ascertainable creditors); § 28-50-101(d) (5-year bar from death)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Arkansas levies no estate or inheritance taxArk. Code Ann. §§ 26-59-103, 26-59-106(c)(2)Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Arkansas imposes no inheritance or estate taxArk. Code Ann. §§ 26-59-103, 26-59-106(c)(2)Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
Hire an Arkansas Probate Attorney
Browse 107 probate firms in Arkansas with addresses, contact info, and practice details.
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Arkansas Estate Settlement Resources
In-depth guides covering Arkansas probate, estate administration, and settling an estate.