Probate in Arkansas
Arkansas probate is administered in the Circuit Court of the county where the deceased resided. Arkansas allows independent administration in most cases, reducing court involvement. The process is generally straightforward for uncontested estates.
Arkansas probate typically takes 6–12 months.
Simplified estate procedures
Arkansas allows a small estate affidavit for personal property of $100,000 or less, available 45 days after death. Arkansas also has a simplified summary proceeding for certain small estates.
Arkansas does not currently authorize transfer on death deeds for real property — living trusts are the primary tool for avoiding probate on real estate.
Death certificates
Arkansas death certificates are issued by the Arkansas Department of Health (ADHS) Division of Vital Records. The cost is $12 per certified copy. Order through ADHS or VitalChek.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: Arkansas has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 6 months from the date of first publication of notice to creditors.
- Independent administration: Available in most cases, reducing court involvement significantly.
- No transfer on death deed: Arkansas does not authorize transfer on death deeds; living trusts are the primary probate-avoidance tool for real estate.
- No estate tax: Arkansas has no estate or inheritance tax.
Key contacts
- Arkansas vital records: healthy.arkansas.gov/programs-services/topics/vital-records
- Arkansas Courts probate: arcourts.gov
- Arkansas Bar Association lawyer referral: arkbar.com