Aggregate (personal + real)
$100,000
statutory cap
45-day wait
Less encumbrances; excludes homestead and statutory allowances.
AR · Circuit Court (Probate Division)
Arkansas
Small-estate-affidavit threshold and procedure under § Ark. Code § 28-41-101.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Arkansas's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Less encumbrances; excludes homestead and statutory allowances.
Waiting period
State requires 45 days to elapse from date of death before filing.Real property
Eligible — included in calculation
Real property allowed if affidavit recorded and notice published; 3-month creditor exhibition window required.
03
Where to file
File with the Circuit Court (Probate Division) in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Arkansas judicial system operates an authoritative court locator.
Find your county’s Circuit Court (Probate Division) via the Arkansas judicial council website. Search for “Arkansas Circuit Court (Probate Division) county locator” or visit the state government court directory.
04
Form & statute
Form
- Form 23 Affidavit for Collection of Small Estate by Distributee
Statute