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Small Estate Procedures · Arkansas

Arkansas's $100,000 small-estate affidavit: filing and creditor notice

Arkansas lets a distributee file a small-estate affidavit after 45 days when property less encumbrances does not exceed $100,000, excluding the homestead and statutory allowances for a surviving spouse or minor children.

Editorial review draft · Not certified for publication

List all property and subtract encumbrances, then apply the statute's separate treatment of homestead and family allowances. The filing must also state that there are no unpaid claims or describe how they will be handled.

Check eligibility before signing

  • At least 45 days have passed since death.
  • Net counted property is $100,000 or less.
  • No petition for appointment of a personal representative is pending or granted.
  • The distributee can identify every heir or devisee and known claim.

Gather the required documents

  • Affidavit for Collection of Small Estate
  • Certified death certificate
  • Original will, if any
  • Itemized property, values, and encumbrances
  • Heir or devisee names, addresses, and shares
  • Creditor-notice materials when real property is included

Follow the state procedure

File the affidavit with the probate clerk and obtain certified copies for holders. When the estate includes real property, publish the statutory notice to creditors and complete the county land-record steps before relying on the affidavit for title.

Know which property the shortcut reaches

The Arkansas procedure can address listed personal and real property, but real estate triggers publication and recording requirements. Homestead is excluded from the value test without becoming free of title or family-right restrictions.

Understand the recipient's responsibility

The distributee receives subject to debts and other successors' rights and must distribute according to the will or intestacy. The affidavit and publication route do not protect a signer who concealed property or a creditor.

Use another route when these facts apply

  • Net counted property exceeds $100,000.
  • A representative is pending or appointed.
  • Required real-property creditor notice cannot be completed.
  • A will, heirship, title, or solvency dispute needs administration.

Sources & methodology

Sources and current rules
Current rule$100,000 net property excluding homestead and statutory allowances; file after 45 daysArk. Code § 28-41-101 · 2024

Methodology & sources

Ark. Code § 28-41-101 supplies the headline rule and its stated conditions.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Arkansas.

Sources reviewed August 23, 2026.