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Transfer on Death Deed Laws in Arkansas

Arkansas allows beneficiary deeds under Ark. Code 18-12-608, and the deed is valid only if recorded before the owner's death.

Last checked . General information, not legal advice.

Arkansas at a glance

TOD deed allowed
Yes (beneficiary deed)
Uniform act adopted
No, own statute
Arkansas uses its own beneficiary deed statute, Ark. Code 18-12-608.
Recording rule
Before the owner's death
Must be recorded with the county recorder before the death of the owner or last surviving owner.

Sources

Last checked

The rules in Arkansas

Does Arkansas allow transfer on death deeds for real estate?

Yes (beneficiary deed). TOD deed allowed in Arkansas: yes (beneficiary deed).

Has Arkansas adopted the Uniform Real Property Transfer on Death Act?

No, own statute. Uniform act adopted in Arkansas: no, own statute. Arkansas uses its own beneficiary deed statute, Ark. Code 18-12-608.

When must a transfer on death deed be recorded in Arkansas?

Recording rule in Arkansas: Before the owner's death. Must be recorded with the county recorder before the death of the owner or last surviving owner.

Where do the Arkansas transfer on death deed laws come from?

The rules above come from Ark. Code 18-12-608. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

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