What Happens If You Die Without a Will in Arkansas?
Without a will in Arkansas, descendants divide what passes to them per capita with representationArk. Code §§ 28-9-204, 28-9-205Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursArk. Code § 28-10-202Verified Sep 10, 2026View source to inherit.
Arkansas intestacy law decides. Arkansas follows separate property rulesArk. Code § 28-9-214Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Brothers and sisters; Grandparents, uncles, and aunts; Great-grandparents, great-uncles, and great-aunts; Surviving spouse of a marriage under three years; Heirs of the last deceased spouse; The county of residenceArk. Code § 28-9-214Verified Sep 10, 2026View source.
The surviving spouse's share in Arkansas depends on the family. With no children: If married 3+ years: entire estate. If married less than 3 years: dower/curtesy rights plus 1/2 of the remaining (heritable) estate; the rest goes to parents or other heirsArk. Code § 28-9-214Verified Sep 10, 2026View source. With shared children: Spouse can live in 1/3 of real estate for life, plus gets 1/3 of other assets outright. Children get the restArk. Code § 28-9-214Verified Sep 10, 2026View source. When a child from a prior relationship survives: Spouse can live in 1/3 of real estate for life, plus gets 1/3 of other assets outright. Children get the restArk. Code § 28-9-214Verified Sep 10, 2026View source.
Arkansas divides per capita with representationArk. Code §§ 28-9-204, 28-9-205Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants. Shares are counted at the nearest degree of kinship in which an heir survives: heirs in equal degree take per capita, and the descendants of anyone in that degree who predeceased take that one share per stirpes.
Arkansas requires an heir to survive the decedent by 120 hoursArk. Code § 28-10-202Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Arkansas intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A stepchild can inherit in Arkansas as an heir of the intestate's last deceased spouse, but only after the table of descents produces no heir and no surviving spouse takes firstArk. Code § 28-9-215(2)(A)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Arkansas will signing requirements set out what a valid will takes.
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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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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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.
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 of notice to creditors; § 28-50-101(h): 2 years from first publication for known or reasonably ascertainable creditors even without actual notice; § 28-50-101(d): 5-year absolute bar from death if no letters issued and no notice published)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.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Arkansas, a will is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Arkansas allows a choice for a healthcare power of attorney: 2Act 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Oct 15, 2026View source witnesses or a notary.
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 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.
What Are the Burial and Cremation Laws in My State?
Arkansas allows you to name your own agent in advanceACA § 20-17-102(b)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
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.
How Does Step-Up in Basis Work?
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.
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 Can an Executor Charge?
Arkansas pays executors reasonable compensationArk. 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 Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value), capped by 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 Sep 8, 2026View source to 3.03%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value), capped by 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 Sep 8, 2026View source of the estate.
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Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.