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AR · Circuit Court (Probate Division)

Arkansas

Small-estate-affidavit threshold and procedure under § Ark. Code § 28-41-101.
Verified 2026-05-04Threshold band: permissive

Aggregate (personal + real)

$100,000

statutory cap

45-day wait

Less encumbrances; excludes homestead and statutory allowances.

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

Statute

§ Ark. Code § 28-41-101
https://www.arkleg.state.ar.us/Bills/
small-estate collection by affidavit