Personal Representative Deed Requirements in Arkansas

At a glance

Requirements one by one

The will-power route and court route are different

Section 28-51-102 lets a representative who has a will power proceed under that power or choose the Probate Code route consistently with the will. Arkansas does not create a separate independent-administration election for this sale.

Without a usable will power, realty becomes an asset in the representative's hands when the court finds a sale or other transfer appropriate for a purpose in § 28-51-103. Those purposes include paying claims or a legacy, preserving assets, making distribution, and another purpose in the estate's best interest.

The court route starts with a detailed petition and hearing

The petition must explain the reason, describe the property or interest and the proposed terms, and give the facts needed to evaluate the representative's bond. The statute reaches Arkansas realty, timber, mineral rights, and partial interests.

The court fixes the hearing and directs notice to interested people. It may hear the petition without notice when the interest is worth no more than $10,000. After satisfactory proof, the court may authorize all or part of the transaction.

Current law uses a professional valuation and two price floors

Act 326 of 2023 replaced the former three-appraiser system. Section 28-51-302 now requires valuation by a certified appraiser, licensed real-estate agent or broker, or another real-estate professional. The sworn valuation is filed before or with the sale order, and the court may approve, modify, or reject it.

The order selects private sale or public auction and cash or deferred-payment terms. A public auction must reach at least three-fourths of appraised value. A private sale must reach at least 90% of estimated value unless the court finds good cause after a hearing with reasonable notice to all interested parties.

Public auction adds publication or low-value posting

Section 28-51-304 (§ 28-51-304) requires a public-auction notice describing the property and stating the time, place, and terms. Publication runs once a week for three consecutive weeks in a newspaper published or generally circulated in the property's county.

For property appraised at no more than $500, the representative may use the statute's courthouse, tract, and three-additional-notices posting route instead.

Report, confirmation, and deed complete the court route

Under § 28-51-305, within ten days after sale the representative files a verified report and, for a public auction, proof of publication or posting. Interested people may file written objections.

The court confirms only if the price and terms advantage the estate and the sale conforms to law. It then orders delivery of the deed. A private-sale report may be approved immediately; if confirmation is endorsed on the report, the endorsed report must be recorded.

Recording the certified order is optional but evidentiary

Under § 28-51-306, after confirmation the representative executes, acknowledges, and delivers the conveyance according to the order. A certified order may be recorded with the deed in the recorder's office for the county where the land lies. When recorded, it is prima facie evidence of appointment and qualification, procedural correctness, and authority to execute the instrument.

Title protection depends on substantial compliance

The confirmed instrument transfers the decedent's interest stated in it and discharges the property from administration debts and obligations except assumed encumbrances. Section 28-51-109 protects essential findings in the authorization or confirmation order from collateral attack, but it also says a sale or conveyance not in substantial compliance with the Probate Code is void.

What trips people up

The 2023 amendment removed two older rules still visible in stale materials: the three-disinterested-appraiser structure and the six-month sale-order limit tied to a reappraisal within the preceding 30 days. Current law instead uses a qualified real-estate professional's valuation and leaves the order effective until the court terminates it.

Common questions

Does every Arkansas probate real-estate sale need a court order?

No. A will may give the representative a sale power. Without that power, the court-supervised petition, order, report, and confirmation route applies.

Can the court approve a private sale below 90% of estimated value?

Yes, but only on a good-cause finding after a hearing for which all interested parties had reasonable notice.

Must the certified sale or confirmation order be recorded with the deed?

Section 28-51-306 says it may be recorded. Doing so gives the order the section's prima facie evidentiary effect; the statute does not state that it always must accompany the deed.

Statutes and sources

• Ark. Code Ann. § 28-49-101 and §§ 28-51-102 to -109, -301 to -306 — realty control, will power, court purposes, petition, notice, public sale, report, confirmation, deed, recording, and validity. Public-domain OCAR release-78 transform, accessed 2026-08-12: https://raw.githubusercontent.com/unicourt/cic-code-ar/master/transforms/ar/ocar/r78/gov.ar.code.title.28.html
• 2003 Ark. Acts 177 § 3 — current $10,000 discretionary no-notice threshold, official enrolled act accessed 2026-08-12: https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2003%2FPublic%2FACT177.pdf
• 2023 Ark. Acts 326 §§ 6-7 — current professional valuation, sale-price floors, good-cause exception, and continuing order, official enrolled act accessed 2026-08-12: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=326.pdf&ddBienniumSession=2023%2F2023R