Can I skip probate for a small estate in Arkansas?

Arkansas allows estates valued at $100,000 or less to use a Affidavit for Collection of Small Estate by Distributee, which avoids formal probate (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discretionary; amended by Act 326 of 2023 / HB1448, eff. 8/1/2023; prior "shall take" language stricken; § 28-48-203 repealed), 28-48-206 (dispensing with bond — will direction or FDIC-insured fiduciary), 28-40-111 (publication of notice of appointment), 28-1-112 (publication method),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).). The waiting period is 45 days after death.

How long does probate take in Arkansas?

In Arkansas, simple estates typically take 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 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discretionary; amended by Act 326 of 2023 / HB1448, eff. 8/1/2023; prior "shall take" language stricken; § 28-48-203 repealed), 28-48-206 (dispensing with bond — will direction or FDIC-insured fiduciary), 28-40-111 (publication of notice of appointment), 28-1-112 (publication method),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).). The 6-month creditor claim period sets a minimum timeline.

How are probate attorney fees calculated in Arkansas?

Yes. Arkansas has a statutory attorney fee schedule for probate (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)). Attorneys and clients may agree to different arrangements, but the statutory schedule provides a baseline.

How much can an executor charge in Arkansas?

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)). Executors can waive their fee entirely or accept a reduced amount.

How Much Does Probate Cost in Arkansas?

Use our free calculator to estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state.

Frequently Asked Questions

Probate costs in Arkansas typically include attorney fees (set by state statute), executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the executor fee calculator to estimate executor compensation separately.

Arkansas allows estates valued at $100,000 or less to use a Affidavit for Collection of Small Estate by Distributee, which avoids formal probate. The waiting period is 45 days after death. Check eligibility with the Arkansas probate need checker.

In Arkansas, simple estates typically take 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. The 6-month creditor claim period sets a minimum timeline.

Yes. Arkansas has a statutory attorney fee schedule for probate. Attorneys and clients may agree to different arrangements, but the statutory schedule provides a baseline.

Arkansas allows executors to receive reasonable compensation. 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

Probate costs in Arkansas depend on estate size, complexity, and whether disputes arise. Knowing what to expect helps families prepare financially and explore alternatives like trusts that bypass probate entirely. The trust vs. will comparison shows the trade-offs.

Arkansas sets probate attorney fees by statute — the fee type is statutory (set by law). This provides predictability but can result in higher fees for large, straightforward estates. Executor compensation follows a separate compensation standard.

Estates under $100,000 in Arkansas may qualify for a simplified procedure that avoids formal probate. The waiting period is 45 days after the date of death.

The probate timeline in Arkansas starts at 6 months for simple estates. A revocable living trust avoids this process altogether, with assets distributed privately and without court involvement.

SimplyTrust Editorial·Updated May 31, 2026

Legal Sources

Ark. Code § 28-41-101
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)
Ark. Code §§ 28-48-108(a)

Data sourced from Arkansas statutes and official state code. How we research.

Arkansas Estate Planning Resources

In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.

How Much Does Probate Cost in Arkansas?

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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.