What Families Need to Know After a Death in Arkansas

Arkansas has one of the higher small estate affidavit thresholds in the South — $100,000 for personal property — covering many families without full probate. The state has no estate tax, and its probate system runs through the Circuit Court's probate division. Arkansas also has a distinct "Warning to Creditors" procedure that affects how debts are handled during estate administration. This guide covers the six areas where Arkansas law most affects what you need to do after a death.

Probate
Probate & Small Estate Rules in Arkansas

Arkansas probate is filed with the Circuit Court in the probate division of the county where the deceased lived. For many families, formal probate is not required at all — Arkansas allows a simplified affidavit procedure for personal property estates under $100,000.

Small Estate Affidavit

Under Ark. Code § 28-41-101, an heir or creditor may claim personal property by affidavit 45 days after the date of death, as long as the total value of personal property in the estate does not exceed $100,000. Real property — land and buildings — is excluded from this procedure and must go through formal probate or be transferred via a recorded deed (such as a beneficiary deed, if one was executed before death).

The affidavit must state that 45 days have elapsed since the death, that no probate proceeding has been filed or is pending, that the total personal property does not exceed the threshold, and that the claimant is entitled to the property under the will or by intestate succession.

Formal Probate

When the estate includes real property or exceeds the $100,000 personal property threshold, formal probate is required. The Circuit Court appoints the executor (called a personal representative in Arkansas) and issues Letters Testamentary. The personal representative then has authority to gather assets, pay valid debts, and distribute the estate.

Personal representative compensation is set by statute at up to 10% of the personal property in the estate, plus a reasonable amount for managing or selling real property. This is higher than many states and worth factoring into estate planning.

Warning to Creditors

Arkansas uses a "Warning to Creditors" publication procedure rather than requiring direct written notice to known creditors. The personal representative must publish the warning in a local newspaper for two consecutive weeks. Creditors then have 3 months from the date of first publication to file a claim against the estate. Claims filed after that deadline are generally barred.

While the statute does not require direct notice to known creditors, best practice — and the approach most estate attorneys recommend — is to send written notice directly to any creditors whose identities are known. Doing so starts the creditor clock and reduces the risk of later disputes.

Arkansas probate typically takes 6–12 months, shorter than many states, partly because the creditor period is only 3 months rather than the 4–6 months seen elsewhere.

Wills
Will Signing Requirements in Arkansas

A valid Arkansas will requires the signature of the testator plus two adult witnesses who sign in the testator's presence (Ark. Code § 28-25-103). Notarization is not required for a standard witnessed will, but Arkansas allows a self-proving affidavit — a notarized statement by the witnesses that confirms the signing was proper. A self-proving will speeds up probate because the court can admit it without calling the witnesses to testify.

Arkansas does not recognize holographic wills. A handwritten will that lacks the required two witnesses has no legal effect in Arkansas, regardless of how clearly it expresses the testator's intentions. This is an important distinction from states like California and Texas, which do allow holographic wills. If you find a handwritten document that appears to be a will, present it to the Circuit Court — but be aware that Arkansas courts will not admit it unless it also meets the witness requirements.

If someone dies without a valid will (intestate), Arkansas's intestate succession statute (Ark. Code § 28-9-214) determines who inherits. In most cases, property passes to the surviving spouse and children in proportions described in the Spousal Rights section below.

Advance Directive
Arkansas Advance Directive for Health Care

Arkansas uses two separate documents to cover what other states often combine into one form: an Advance Directive for Health Care (sometimes called an AHCPOA — Arkansas Healthcare Power of Attorney) that appoints a healthcare agent, and a Living Will Declaration that states the individual's treatment preferences if they become terminally ill or permanently unconscious.

Signing Requirements

Both documents require the principal's signature plus two witnesses. Witnesses cannot be: the named healthcare agent, anyone who would inherit from the principal under a will or by intestate succession, the principal's healthcare provider, or an employee of a healthcare or residential care facility where the principal resides. These restrictions exist to prevent conflicts of interest in end-of-life decisions.

Notarization is not required for either document to be valid, though some healthcare providers prefer notarized copies for their records.

DNR Orders

Arkansas also uses a physician-signed Do Not Resuscitate (DNR) Order — a separate, medical-order form distinct from the advance directive. The DNR must be signed by a licensed physician and governs immediate resuscitation decisions. If you are settling an estate and the deceased had a DNR on file, it is separate from and in addition to any living will or healthcare proxy documents.

The healthcare agent's authority under an AHCPOA ends at the principal's death. After death, the personal representative of the estate takes over decision-making for property and financial matters.

Spousal Rights
Surviving Spouse Rights in Arkansas

Arkansas is not a community property state. Property acquired during marriage is not automatically jointly owned — each spouse owns property in their own name unless title is held jointly. At death, each spouse's separately titled property passes through their estate.

Intestate Succession

If the deceased had no valid will, Ark. Code § 28-9-214 governs distribution:

• If there is a surviving spouse and children: the spouse receives one-third of personal property and a life estate in one-third of real property; the children receive the remaining two-thirds of personal property and the remainder interest in real property.
• If there is a surviving spouse and no children: the spouse takes the entire estate.
• If there are children and no surviving spouse: children share the estate equally.

Dower and Curtesy

Arkansas is one of the few states that still recognizes the old common-law doctrines of dower (for widows) and curtesy (for widowers) rather than a modern elective share statute. Each entitles the surviving spouse to a life estate in one-third of the deceased spouse's real property — even if the will attempts to give all real property to someone else.

This is a narrower protection than the "augmented estate" elective share used by most states, which typically covers a broader range of assets including some non-probate property. In Arkansas, dower and curtesy apply only to real property that the deceased owned at death. The surviving spouse's protection does not extend to personal property given to others under a will, retirement accounts, life insurance, or other non-probate assets.

To assert dower or curtesy rights, the surviving spouse must file a claim in the probate proceeding. Waiting too long can result in waiver.

Homestead Rights

The surviving spouse and minor children of the deceased have homestead rights in the family residence. These rights protect the family home from creditor claims during administration and provide continued occupancy rights for the surviving spouse. The homestead exemption under the Arkansas Constitution applies to up to 80 acres in rural areas or one-quarter acre in urban areas.

Vehicle Transfer
Transferring a Vehicle After Death in Arkansas

Arkansas vehicle transfers after death depend on the size and structure of the estate.

If the estate qualifies as a small estate (personal property under $100,000), vehicles can be transferred using the small estate affidavit procedure described above. The heir presents the completed affidavit — along with the death certificate and the vehicle title — at the Arkansas Revenue Office to retitle the vehicle in the heir's name.

For larger estates going through formal probate, the personal representative uses the Letters Testamentary issued by the Circuit Court to authorize the transfer at the Arkansas Revenue Office. The original title must be endorsed, and the applicable transfer fees apply.

Vehicles titled jointly with a survivorship designation transfer automatically to the surviving co-owner. The survivor presents the death certificate and the original title at the Revenue Office — no affidavit or court order is required.

If the deceased held the vehicle in a living trust, the successor trustee can transfer the title without any court involvement by presenting the trust documentation and death certificate at the Revenue Office.

Medicaid Recovery
Arkansas Medicaid Estate Recovery

Arkansas Medicaid — administered by the Department of Human Services (DHS) — has the right to seek reimbursement from a deceased beneficiary's estate for long-term care costs paid after the beneficiary reached age 55. This is sometimes called MERP (Medicaid Estate Recovery Program).

Arkansas's recovery program is limited to the probate estate — assets that pass through the Circuit Court. Assets that transfer outside probate are protected from recovery. These include:

• Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts)
• Property held in joint tenancy with right of survivorship
• Assets held in a revocable living trust

Recovery is also waived while any of the following conditions are met:

• A surviving spouse is living
• A minor child (under 21) is living
• A blind or disabled child of any age is living

Once all waiver conditions end — typically after the surviving spouse dies — the DHS may file a claim against the probate estate for the full amount of long-term care benefits paid. If assets have already been distributed without notifying DHS, the heirs who received those assets may be personally liable to reimburse the state up to the value they received.

If you are settling an estate where the deceased received Arkansas Medicaid long-term care benefits, notify Arkansas DHS before distributing any assets. Request a recovery claim determination in writing. Distributing assets before this step is a common and costly mistake.