Arkansas: Deed Execution and Recording Formalities

Requirements one by one

Governing law and scope

Arkansas is a common-law title state, and unusually among the states it still recognizes dower and
curtesy. The rule that a land transfer must be a signed writing lives in the statute of frauds
(Ark. Code § 4-59-101). Deed execution and covenants are in Title 18, Chapter 12 (§§ 18-12-102,
18-12-104); the recording and priority rule is in Title 14 (§ 14-15-404); and the marital-signature
rules are in the homestead-joinder statute (§ 18-12-403) and the dower/curtesy statute (§ 28-11-301).
Recording is done by the county circuit clerk, who serves as the ex officio recorder. This page
covers an ordinary present transfer of a fee interest by an individual owner; trustee, mortgage, and
fiduciary deeds run on their own rules.

Writing and grantor signature

A deed must be a signed writing. Under the statute of frauds, no action lies on a "contract for the
sale of lands, tenements, or hereditaments, or any interest in or concerning them" unless it is "made
in writing and signed by the party to be charged ... or signed by some other person properly
authorized" (§ 4-59-101(a)(4)). Substantively, land "may be aliened and possession thereof
transferred by deed without livery of seizin" (§ 18-12-102(a)), and the words "grant, bargain and
sell" carry statutory warranty covenants unless the deed limits them (§ 18-12-102(b)). No seal is
required.

Witnesses

Arkansas's execution statute is a genuine outlier. Section 18-12-104 says a deed "shall be executed
in the presence of two (2) disinterested witnesses or, in default thereof, shall be acknowledged by
the grantor in the presence of two (2) such witnesses, who shall then subscribe" it. The statute
offers two routes — signing before two disinterested witnesses, or the grantor's acknowledgment — and
in everyday practice the acknowledgment route is used: the deed is acknowledged before a notary and no
separate witnesses are gathered. A signed, delivered deed is still good between the parties under
the statute of frauds even if it is neither witnessed nor acknowledged; the witness-or-acknowledgment
formality is what makes the deed recordable and enforceable against third parties (§ 14-15-404).

Acknowledgment or notarization

Notarization is a recording step, not a validity step between the parties. A deed passes title once
signed and delivered, but to record it and defeat later buyers the instrument must be "duly executed
and acknowledged or proved as required by law" and filed (§ 14-15-404(b)). Arkansas has softened the
old technicalities: since April 8, 2013 "a valid jurat may act as a substitute for a certificate of
acknowledgment" (§ 18-12-208(e)), and § 18-12-208 validates a long list of certificate defects. The
acknowledgment is taken before a notary public or other authorized officer.

Spouse, homestead, and marital joinder

This is where Arkansas differs most from other states. First, the homestead: "No conveyance,
mortgage, or other instrument affecting the homestead of any married person shall be of any validity,
except for taxes, laborers' and mechanics' liens, and purchase money, unless his or her spouse joins
in the execution of the instrument, or conveys by separate document, and acknowledges it"
(§ 18-12-403). A married owner's homestead deed signed alone is simply void. Second, Arkansas keeps
dower and curtesy. A surviving spouse "shall be endowed of the third part of all the lands for life
... unless the endowment shall have been relinquished in legal form" (§ 28-11-301(a)), and a spouse
retains "a dower or curtesy right in lands sold in the lifetime of his or her spouse without consent
of the spouse in legal form" (§ 28-11-301(b)). The practical upshot: a married grantor's spouse
usually signs the deed to release dower or curtesy even when the land is not the homestead and only
one name is on the title.

Signing through an agent or representative

An attorney-in-fact can sign an Arkansas deed under written authority. The statute of frauds allows a
land contract to be "signed by some other person properly authorized by the person sought to be
charged" (§ 4-59-101(a)), so an agent acting under a written power of attorney may execute the deed.
To record an agent-signed deed it must be acknowledged or proved like any other (§ 14-15-404), and in
practice the power of attorney is acknowledged and recorded so the agent's authority appears in the
chain of title. A spouse's homestead, dower, or curtesy release can likewise be given through a duly
authorized instrument (§§ 18-12-403, 28-11-301).

Recording office and statewide content

Record the deed with the county circuit clerk as ex officio recorder, in the county where the
real estate is situated (§ 14-15-404). To be recordable and to give constructive notice, the deed
must be "acknowledged or proved and recorded" (§ 14-15-404(a)) — "duly executed and acknowledged or
proved as required by law" (§ 14-15-404(b)). Arkansas also requires, by other statutes and local
rules, items such as a preparer's name and address, a real-property transfer-tax certification, and
page-formatting margins. Those, plus fees and the transfer-tax payment, are set outside these
sections — check the current requirements with the county recorder.

Nonrecording effect and defect cures

Arkansas's recording act is a notice act. A recorded deed "shall be constructive notice to all
persons from the time the instrument is filed for record" (§ 14-15-404(a)(1)), but an unrecorded deed
is not "good or valid against a subsequent purchaser of the real estate for a valuable consideration
without actual notice thereof or against any creditor ... obtaining a judgment" unless it is recorded
(§ 14-15-404(b)). The key point: a later buyer who pays value without actual notice of the earlier
deed is protected even before that buyer records — Arkansas adds no first-to-record requirement, which
is why an earlier grantee should record promptly to put the world on notice. One cure helps with
paperwork slips: a recorded deed with a technical acknowledgment defect still "provide[s] constructive
notice ... to all parties" (§ 18-12-208(d)), and § 18-12-208 validates a list of certificate defects.
None of this cures a forged signature, an incapacitated grantor, or a grantor who did not own the land.

What trips people up

• A married owner signing alone. A homestead deed is void unless the spouse also joins
  (§ 18-12-403), and because Arkansas keeps dower and curtesy (§ 28-11-301), a spouse's inchoate
  one-third interest survives a lifetime sale made without the spouse's consent. Have the spouse sign
  to release these rights even on non-homestead land.
• Assuming witnesses are mandatory — or forbidden. Arkansas's statute lets you use two
  disinterested witnesses or the grantor's acknowledgment (§ 18-12-104). In practice the notary
  acknowledgment is the route used, and that is what recording requires (§ 14-15-404).
• Thinking an unrecorded deed is worthless. It binds your grantor once signed and delivered, but
  under Arkansas's notice act a later good-faith buyer who pays value without notice can defeat it
  (§ 14-15-404(b)). Record promptly.
• Panicking over a flawed notary block. Many certificate defects are cured by statute, and a
  recorded deed still gives constructive notice despite them (§ 18-12-208). That does not fix a forged
  or unauthorized signature.

Common questions

Do I need witnesses to sign an Arkansas deed?
You have a choice. Arkansas law allows two disinterested witnesses or the grantor's acknowledgment
(§ 18-12-104), and in practice a notary's acknowledgment is used — which is also what the recorder
requires (§ 14-15-404).

Does my spouse have to sign if the house is only in my name?
Usually yes. A married owner's homestead deed is void without the spouse's joinder (§ 18-12-403), and
Arkansas still recognizes dower and curtesy, so a spouse's signature releases that one-third life
interest even on other land (§ 28-11-301).

Is a signed-but-unrecorded Arkansas deed valid?
Between you and your grantee, yes. Against a later buyer who pays value without actual notice of your
deed, no — Arkansas is a notice state, so recording protects you (§ 14-15-404).

Who records an Arkansas deed?
The county circuit clerk, acting as ex officio recorder, in the county where the land sits
(§ 14-15-404). The deed must be acknowledged or proved to be recorded and to give notice.

Statutes and sources

• Ark. Code § 4-59-101 — statute of frauds; a land transfer must be in writing and signed by the party or an authorized agent.
  https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-59-101/ (accessed 2026-07-16)
• Ark. Code § 18-12-102 — transfer by deed without livery of seizin; "grant, bargain and sell" warranty covenants.
  https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-12-102/ (accessed 2026-07-16)
• Ark. Code § 18-12-104 — execution of deeds: two disinterested witnesses or the grantor's acknowledgment.
  https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-12-104/ (accessed 2026-07-16)
• Ark. Code § 14-15-404 — notice recording act; constructive notice from filing; void against a good-faith purchaser without actual notice unless recorded.
  https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-15-404/ (accessed 2026-07-16)
• Ark. Code § 18-12-208 — curative statute for acknowledgment defects; recorded deed gives constructive notice; jurat may substitute since 2013.
  https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-12-208/ (accessed 2026-07-16)
• Ark. Code § 18-12-403 — a married person's homestead deed is void unless the spouse joins and acknowledges it.
  https://codes.findlaw.com/ar/title-18-property/ar-code-sect-18-12-403/ (accessed 2026-07-16)
• Ark. Code § 28-11-301 — dower and curtesy; a one-third life interest unless relinquished in legal form.
  https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-11-301/ (accessed 2026-07-16)