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Small Estate Affidavit Limits in Arkansas

In Arkansas, a distributee can collect an estate worth up to $100,000 by filing a small estate affidavit with the probate clerk 45 days after the death, and the estate can include real property.

Last checked . General information, not legal advice.

Arkansas at a glance

Maximum estate value
$100,000
Value less encumbrances; the homestead and statutory allowances for a spouse or minor children are not counted.
Waiting period after death
45 days
Real estate can pass
Yes
The affidavit must describe any real property, and the distributee must publish notice if the estate includes real property.

Sources

Last checked

The rules in Arkansas

What is the maximum estate value for a small estate affidavit in Arkansas?

Maximum estate value in Arkansas: $100,000. Value less encumbrances; the homestead and statutory allowances for a spouse or minor children are not counted.

How long after the death must you wait to use a small estate affidavit in Arkansas?

Waiting period after death in Arkansas: 45 days.

Can real estate pass by small estate affidavit in Arkansas?

Yes. Real estate can pass in Arkansas: yes. The affidavit must describe any real property, and the distributee must publish notice if the estate includes real property.

Where do the Arkansas small estate affidavit limits come from?

The rules above come from Ark. Code 28-41-101. Each source is linked on this page. We last checked them in October 2026.

Good to know

The affidavit is filed with the probate clerk of the circuit court, who files and indexes it.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.