How Does Step-Up in Basis Work in Arkansas?
Inherited assets in Arkansas take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces state tax on the 50% of long-term gain left after a 50% exclusionArk. Code Ann. § 26-51-815(b)(2)(C) (Act 1173 of 2015)Verified Sep 15, 2026View source.
When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Arkansas as in every state.
State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces state tax on the 50% of long-term gain left after a 50% exclusionArk. Code Ann. § 26-51-815(b)(2)(C) (Act 1173 of 2015)Verified Sep 15, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.
For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.
No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Arkansas layer. Short-term ordinary-income rates never apply.
The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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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 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 moreForms for Planning and Settling an Estate in Arkansas
Free Arkansas forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
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 Planning and Settling an Estate in Arkansas
Free calculators and checklists for planning or settling an estate in Arkansas: will and trust costs, probate, executor pay, and inheritance taxes.
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.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Arkansas costs an estimated $27,915Ark. 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)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees set by statute as a percentage of the gross estateArk. 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)Verified Sep 8, 2026View source. Estates under $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Does Probate Cost?
Probate on a $500,000 estate in Arkansas costs an estimated $27,915Ark. 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)Verified Sep 8, 2026View source. Attorney fees are statutory (set by law)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)Verified Sep 8, 2026View source.
Who Inherits Without a Will?
Without a will in Arkansas, descendants divide what passes to them per capita with representationArk. Code §§ 28-9-204, 28-9-205Verified Oct 21, 2026View source, and an heir must survive the decedent by 120 hoursArk. Code § 28-10-202Verified Oct 21, 2026View source to inherit.
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.
Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.
