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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationArkansas

The small estate affidavit in Arkansas

Where Arkansas law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in Arkansas; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Collecting a small estate without a personal representative, and the waiting period

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:

Forty-five (45) days have elapsed since the death of the decedent;

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(1), as amended by Act 423 of 2021, §2

What is left out of the value, filing the affidavit with the probate clerk, and the certified copy for whoever holds the property

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;

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:

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.

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(1)(C)(ii), (D), (E), as amended by Act 423 of 2021

What the affidavit must state: the debts, the property, and who receives it

That there are no unpaid claims or demands against the decedent or his or her estate

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;

The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property;

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(1)(D)(i), (ii), (iv), as amended by Act 423 of 2021

The published notice to creditors, and how long they have to claim

All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate.

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(b)(2)(B), as amended by Act 526 of 2015, §1

Opening a bank account in the estate’s name without probate

The distributee of an estate may open a checking account or savings account in a bank within this state in the name of the estate and on behalf of the estate without filing a petition for probate and administration

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(2), as amended by Act 423 of 2021

The same page for other states

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FAQ

Common questions

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:

Forty-five (45) days have elapsed since the death of the decedent;

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(1), as amended by Act 423 of 2021, §2

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;

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:

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.

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(1)(C)(ii), (D), (E), as amended by Act 423 of 2021

That there are no unpaid claims or demands against the decedent or his or her estate

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;

The names, addresses, and relationship to the decedent of the persons entitled to and who will receive the property;

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(1)(D)(i), (ii), (iv), as amended by Act 423 of 2021

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;

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:

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.

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(1)(C)(ii), (D), (E), as amended by Act 423 of 2021

All persons having claims against the estate must exhibit them, properly verified, to the distributee or his or her attorney within three (3) months from the date of the first publication of this notice or they shall be forever barred and precluded from any benefit of the estate.

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(b)(2)(B), as amended by Act 526 of 2015, §1

The distributee of an estate may open a checking account or savings account in a bank within this state in the name of the estate and on behalf of the estate without filing a petition for probate and administration

Arkansas · general information · checked October 24, 2026 · Ark. Code §28-41-101(a)(2), as amended by Act 423 of 2021

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

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