Arkansas: Small Estate Affidavit Thresholds & Procedure
The short answer
Arkansas's small estate affidavit covers up to $100,000 in personal AND real property COMBINED (excluding the homestead and any statutory spousal/minor-children allowances), once more than 45 days have passed since the death. Unlike most states, the same affidavit can reach real property, but only after the distributee publishes a notice to creditors and clears a 3-month claims period, after which the distributee can self-issue a deed transferring the real estate. The affidavit is filed with the probate clerk (not just handed to a bank), sworn before a notary, and works whether the decedent left a will or died intestate. A separate, narrower court petition, with no fixed dollar figure of its own, can vest an even smaller estate in a surviving spouse or minor children if it doesn't exceed what they're already legally entitled to as statutory allowances.
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This is the general rule in Arkansas. Ezel applies current Arkansas law to your specific facts and answers with citations to the statutes.
| Governing law | Ark. Code Ann. § 28-41-101 ('Collection of small estates by distributee'), the core affidavit; § 28-41-102 sets its legal effect (holder discharge, the real-property claims-bar, and the self-issued deed mechanism). A separate and much narrower mechanism, § 28-41-103 ('Petition and order for no administration'), lets a court vest an estate in a surviving spouse or minor children with NO fixed dollar cap of its own: it's tested against what they're already entitled to receive as statutory allowances, not the $100,000 figure |
|---|---|
| Dollar threshold | $100,000 flat, covering personal AND real property TOGETHER in one combined figure: not split into separate tracks by asset type. The calculation excludes the value of the decedent's homestead and any statutory allowances for a surviving spouse or minor children. Not CPI-indexed; raised incrementally by several amending Acts (2013, 2015, 2017, and most recently Act 423 of 2021, eff. 7/28/2021) to reach its current figure |
| Court filing required? | A hybrid: the affidavit itself is filed with the probate clerk of the circuit court, who assigns it a case number and charges a fee, but 'an order of the court or other proceeding is not necessary' for it to take effect; no judge signs off and no hearing is held. The separate § 28-41-103 mechanism, by contrast, is a genuine court petition resulting in a judge's order |
| Waiting period after death | 45 days after death for the affidavit itself: the statute requires that 'forty-five (45) days have elapsed since the death of the decedent,' so in practice the 46th day is the first safe day to file. If the estate includes real property, an ADDITIONAL 3-month creditor-claims period runs from the first newspaper publication of notice (which must happen within 30 days of filing the affidavit) before the distributee may self-issue a deed to the real property |
| Works with a will, intestacy, or both? | Both: neither § 28-41-101 nor § 28-41-102 requires intestacy or a will; the official affidavit form has a line for both 'heirs' and 'devisees' under a will. The narrower § 28-41-103 spouse/minor-child mechanism likewise doesn't turn on whether there was a will |
| Does it cover real property? | Yes: a genuine outlier among small-estate affidavit states. The same $100,000 affidavit (net of the homestead's own value) can reach real property, but only through an extra procedure: the distributee must publish notice of the death and the affidavit's filing within 30 days of filing, and all claims against the real property are barred 3 months after that first publication. If no claim is presented in that window (or any presented claim is satisfied without using estate property), the distributee may 'issue to himself or herself a deed of distribution for the real property... as if made by a personal representative,' then notify the county assessor. If a claim IS timely presented, the distributee must instead open a full administration of the estate |
| Signature formalities | A true sworn affidavit: the official court form (Form 23) requires the distributee(s) to 'state on oath,' and county clerk guidance confirms the affidavit must be signed before a notary (clerks themselves are barred from notarizing it); no witness signatures are required anywhere in the statute or the form |
| Protection for the bank/holder | Yes, on both sides. Section 28-41-102(a) discharges a holder who pays, transfers, or delivers property under the affidavit 'to the same extent as if made to a personal representative,' with no duty to inquire into the truth of the affidavit. The distributee who receives the property, though, holds it 'as trustee': 'answerable to any person having a prior right' and 'accountable to any personal representative thereafter appointed.' If a holder wrongfully refuses to honor a valid affidavit, the distributee can sue to recover the property or compel delivery |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law
The core provision is Ark. Code Ann. § 28-41-101, "Collection of small
estates by distributee." Section 28-41-102 spells out what the affidavit
actually does — discharging the holder, and (for real property) setting
up the claims-bar and deed mechanism described below. A separate and much
narrower mechanism, § 28-41-103, "Petition and order for no
administration," lets a court vest an estate in a surviving spouse or
minor children entirely, but it isn't tied to the $100,000 figure at
all — it applies only when the personal property doesn't exceed what
they'd already be legally entitled to receive as statutory allowances.
Dollar threshold
$100,000 flat — and unlike states that run a separate cap for personal
property and a separate cap for real property, Arkansas combines both
into one figure. The calculation excludes the value of the decedent's
homestead and any statutory allowances due a surviving spouse or minor
children. The figure isn't adjusted for inflation; it's been raised
several times by amending legislation over the years, most recently by
Act 423 of 2021.
Court filing required?
A genuine hybrid. The affidavit has to be filed with the probate clerk of
the circuit court, which assigns it a case number and charges a $25
filing fee (plus $5 per certified copy) — so there is a real filing. But
"an order of the court or other proceeding is not necessary" for the
affidavit to take effect; no judge reviews or signs anything, and no
hearing is held. The separate § 28-41-103 mechanism is the opposite — a
genuine petition resulting in an actual court order.
Waiting period after death
More than 45 days must elapse since the death before the affidavit can
be used — in practice, the 46th day is the earliest safe filing date. If
the estate includes real property, there's an additional clock: the
distributee must publish notice within 30 days of filing the affidavit,
and then wait out a 3-month claims period running from that first
publication before being able to issue a deed to the real property.
Works with a will, intestacy, or both?
Both. Neither § 28-41-101 nor § 28-41-102 requires the decedent to have
died intestate, and the official affidavit form itself lists both "heirs"
and "devisees" (will beneficiaries) among the people who might be entitled
to receive the property. The narrower § 28-41-103 spouse/minor-child
mechanism doesn't hinge on testacy either.
Does it cover real property?
Yes — a genuine outlier among states with a small-estate affidavit. The
same $100,000 affidavit (net of the homestead's own value) can reach real
property, but only by clearing an extra procedure most personal-property-
only affidavits never require: the distributee has to publish a notice of
the death and the affidavit's filing within 30 days, and every claim
against the real property is permanently barred three months after that
first publication. If nothing is claimed in that window (or any claim
that does show up gets satisfied without touching estate property), the
distributee can then "issue to himself or herself a deed of distribution
for the real property... as if made by a personal representative," and
must notify the county assessor in every county where the real property
sits. If a claim IS presented within the three-month window, though, the
shortcut ends there — the distributee has to open a full administration
of the estate instead.
Signature formalities
A genuine sworn affidavit, not a mere declaration. The Arkansas Supreme
Court's own official Form 23 has the distributee "state on oath," and
practical guidance from county clerks confirms the affidavit must be
notarized (clerks themselves are barred from performing that
notarization). No witness signatures are required by the statute or the
form.
Protection for the bank/holder
Solid, but paired with real exposure for the person who actually
collects the property. A holder who pays, transfers, or delivers property
in response to a valid affidavit "shall be released to the same extent
as if made to a personal representative," with no duty to check whether
the affidavit's statements are true. The distributee who receives the
property, though, holds it "as trustee" — personally "answerable to any
person having a prior right" and "accountable to any personal
representative thereafter appointed" down the line. If a holder wrongly
refuses to honor a valid affidavit, the distributee can sue to recover
the property or compel its delivery.
What trips people up
The single biggest surprise for people coming from another state is that
Arkansas's affidavit can reach real property at all — but only if the
extra publication step and three-month claims wait are followed exactly;
skip the notice and the real-property transfer never becomes safe to
finalize. A second trap: the $100,000 cap covers personal AND real
property combined, so a family that assumes "the house doesn't count"
the way it might in another state can be surprised the estate no longer
qualifies. A third: the two spouse/minor-child mechanisms are easy to
confuse — § 28-41-101's $100,000 affidavit is very different from
§ 28-41-103's court petition, which has no dollar cap of its own and
instead compares the estate to what the spouse or children are already
owed as statutory allowances.
Common questions
Can I use the affidavit to transfer my father's house? Yes, but only
if you publish the required notice within 30 days of filing the affidavit
and no creditor claim shows up against the estate within three months of
that publication — only then can you issue yourself a deed.
Does the affidavit need to be notarized? Yes — the official form
requires you to swear to its contents, and it must be signed before a
notary (a county clerk generally can't notarize it for you in their own
office).
How is the $100,000 figure calculated if there's a house involved?
The house's value counts toward the $100,000 cap along with everything
else the decedent owned — except the homestead's own value, which is
specifically excluded from the calculation, along with any statutory
allowances due a surviving spouse or minor children.
What if a creditor shows up after I've started the real-property
process? If a claim is presented within the three-month window after
your notice publication, you have to file a petition to open a full
administration of the estate instead of self-issuing a deed.
Statutes and sources
- Ark. Code Ann. § 28-41-101(a)(1) — "(a)(1) The distributee of an
estate may collect and distribute the assets of an estate under this
section without the appointment of a personal representative when: (A)
No petition for the appointment of a personal representative is
pending or has been granted; (B) Forty-five (45) days have elapsed
since the death of the decedent; (C)(i) The value, less encumbrances,
of all property owned by the decedent at the time of death does not
exceed one hundred thousand dollars ($100,000). (ii) When calculating
the value of all property owned by the decedent under subdivision
(a)(1)(C)(i) of this section, the value of the decedent's homestead
and the value of any statutory allowances for the benefit of a spouse
or minor children, if any, shall be excluded; (D) One (1) or more of
the distributees files an affidavit with the probate clerk of the
circuit court of the county of proper venue for administration
stating: (i) That there are no unpaid claims or demands against the
decedent or his or her estate, that the Department of Human Services
furnished no federal or state benefits to the decedent, or, that if
such benefits have been furnished, the department has been reimbursed
in accordance with state and federal laws and regulations; (ii) An
itemized description and valuation of the personal property and a
legal description and valuation of any real property of the decedent,
including the homestead; (iii) The names and addresses of persons
having possession of the personal property and the names and addresses
of any persons possessing or residing on any real property of the
decedent; and (iv) The names, addresses, and relationship to the
decedent of the persons entitled to and who will receive the property;
and (E) A copy of the affidavit certified by the clerk is furnished to
any person owing any money, having custody of any property, or acting
as registrar or transfer agent of any evidence of interest,
indebtedness, property, or right." —
https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-41/section-28-41-101/
(accessed 2026-07-06) - Ark. Code Ann. § 28-41-101(b) — "(b)(1)(A) The clerk shall file the
affidavit, assign it a number, and index it as required by
§ 28-1-108(1). (B) He or she shall make a charge of twenty-five
dollars ($25.00) for filing the affidavit and five dollars ($5.00) for
each certified copy. (C) An order of the court or other proceeding is
not necessary. (D) An additional fee shall not be charged if a will is
attached to the affidavit. (2)(A) If an estate collected under this
section contains real property, in order to allow for claims against
the estate to be presented, the distributee shall cause a notice of
the decedent's death and the filing of an affidavit for the collection
of his or her estate to be published within thirty (30) days after
the affidavit has been filed." —
https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-41/section-28-41-101/
(accessed 2026-07-06) - Ark. Code Ann. § 28-41-102(a)-(b) — "(a) The person making payment,
transfer, or delivery pursuant to the affidavit described in
§ 28-41-101 shall be released to the same extent as if made to a
personal representative of the decedent, and he or she shall not be
required to see to the application thereof or to inquire into the
truth of any statement in the affidavit. (b)(1) The distributee to
whom payment, transfer, or delivery is made, as trustee, shall be
answerable to any person having a prior right and shall be accountable
to any personal representative thereafter appointed. (2) However, if
notice to creditors of the decedent's death and the collection of his
or her estate is published as provided by § 28-41-101, all claims as
to real property within the estate, in any event, shall be forever
barred at the end of three (3) months after the date of the first
publication of the first notice. (3) Nothing in this section shall
affect or prevent any action or proceeding to enforce any mortgage,
pledge, or other lien arising under contract or statute upon the
property of the estate. (c) If the person to whom the affidavit is
delivered refuses to pay, transfer, or deliver the property as
provided in this section, the property may be recovered or delivery
compelled in an action brought in a court of competent jurisdiction
for such a purpose by or in behalf of the distributee entitled to the
property upon proof of the facts required to be stated in the
affidavit." —
https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-41/section-28-41-102/
(accessed 2026-07-06) - Ark. Code Ann. § 28-41-102(d)-(e) — "(d) If the distributee who is
entitled to the transfer or delivery of real property complies with
the affidavit and notice requirements under § 28-41-101, the
three-month period required under § 28-41-101 lapses, and a claim is
not presented to the distributee within the three-month period or all
claims against the estate that were presented to the distributee
within the three-month period are satisfied, then the distributee
shall: (1) Be authorized to issue to himself or herself a deed of
distribution for the real property of the decedent as if made by a
personal representative of the decedent; and (2) Deliver notice of the
transfer of ownership to the county assessor of each county where the
real property is located. (e)(1) If a claim against an estate is
presented to the distributee of the estate within three (3) months
from the date of the first publication of the notice required under
§ 28-41-101, then the distributee shall file a petition for the
administration of the estate in accordance with § 28-40-101 et seq.
(2)(A) A distributee is not required to comply with subdivision
(e)(1) of this section if the claim against the estate is satisfied
without using property owned by the decedent at the time of death." —
https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-41/section-28-41-102/
(accessed 2026-07-06) - Ark. Code Ann. § 28-41-103(a) — "(a) Either with or without
administration, if the court shall determine upon petition of an
interested person that the personal property owned by a decedent at
the time of his or her death does not exceed that to which the
surviving spouse, if any, or minor children, if any, are by law
entitled free of debt, as dower or curtesy and statutory allowances,
then the court may enter an order vesting the entire estate in the
surviving spouse and minor children, or the surviving spouse or minor
children." —
https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-41/section-28-41-103/
(accessed 2026-07-06) - Form 23, Affidavit for Collection of Small Estate by Distributee
(Arkansas Supreme Court official probate form) — "..., for the
purpose of dispensing with administration of this estate, deceased,
state on oath: 1. The decedent , aged , who resided at ___ in
___ County, Arkansas, died at ___ on or about [date]. No petition for
the appointment of a personal representative for the decedent's
estate is pending or has been granted. 2. More than forty-five (45)
days have elapsed since decedent's death. 3. The value, less
encumbrances, of all property owned by the decedent at the time of
death, excluding the homestead of and statutory allowances for the
benefit of the surviving spouse or minor children, if any, of the
decedent, does not exceed one hundred thousand dollars ($100,000)." —
https://www.arcourts.gov/sites/default/files/files-list/Form%2023.docx
(accessed 2026-07-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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