What Families Need to Know After a Death in Arkansas

Arkansas lets families skip full probate when everything the decedent owned is worth $100,000 or less, not counting the home. The state has no estate or inheritance tax, and probate runs through the probate division of the Circuit Court. Arkansas also keeps older rules that matter after a death: dower and curtesy for a surviving spouse, and a published notice to creditors. 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 has a simplified affidavit procedure for estates worth $100,000 or less.

Small Estate Affidavit

Under Ark. Code § 28-41-101, an heir (called a distributee) can collect and distribute the estate without a court-appointed personal representative if 45 days have passed since the death and everything the decedent owned is worth $100,000 or less after debts secured by the property. The value of the homestead and any statutory allowances for a spouse or minor children is not counted. The affidavit is filed with the probate clerk of the Circuit Court ($25 filing fee) and can include real estate. If it does, the heir must publish a notice to creditors within 30 days of filing, and creditors then have 3 months to present claims.

The affidavit must state that no probate case is pending, that there are no unpaid claims, and that the Department of Human Services either provided no benefits to the decedent or has been repaid. It lists each item of property and its value, who holds it, and who will receive it. A certified copy is then given to banks and anyone else holding the decedent's property.

Formal Probate

When the estate is worth more than $100,000, or the family needs a court-appointed representative, formal probate is required. The Circuit Court appoints a personal representative and issues letters (letters testamentary if there is a will). The personal representative then has authority to gather assets, pay valid debts, and distribute the estate.

Personal representative compensation is capped by statute: up to 10% of the first $1,000, 5% of the next $4,000, and 3% of the rest of the personal property the representative handles, plus reasonable extra compensation for substantial work on real estate (Ark. Code § 28-48-108).

Warning to Creditors

The personal representative publishes a notice to creditors in a local newspaper. Creditors then have 6 months from the date of first publication to present their claims, or the claims are barred (Ark. Code § 28-50-101).

Sending written notice directly to any creditors you know about is good practice. It reduces the risk of disputes later, and some creditors are entitled to actual notice under due-process rules.

Arkansas probate typically takes 9–14 months. The 6-month creditor period is the main timing constraint.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Arkansas. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Arkansas

A valid typed Arkansas will must be signed at the end by the testator in front of two witnesses, and the testator must tell the witnesses that it is his or her will. The witnesses must sign at the testator's request and in the testator's presence (Ark. Code § 28-25-103). Notarization is not required, but a self-proving affidavit signed before a notary lets the court admit the will without calling the witnesses.

Arkansas does recognize holographic wills. If the entire body of the will and the signature are in the testator's own handwriting, the will can be valid without attesting witnesses. To admit it, at least three credible, disinterested witnesses must confirm the handwriting and signature (§ 28-25-104). If you find a handwritten document that looks like a will, keep it safe and present it to the Circuit Court.

If someone dies without a valid will (intestate), Ark. Code § 28-9-214 decides who inherits. Arkansas puts children ahead of a surviving spouse, so the spouse's main protection is dower or curtesy, 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

An Arkansas advance directive, including a living will or a health care power of attorney, must be either notarized or signed before two witnesses. A witness must be a competent adult who is not the named agent, and at least one witness must be someone who is not related to the principal and would not inherit from the principal (Ark. Code § 20-6-103).

Many families find notarization the simplest option because it avoids questions about who qualifies as a witness.

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 are children: the children (and descendants of any child who died earlier) inherit the estate. The surviving spouse's rights come from dower or curtesy instead (see below).
• If there are no descendants: the surviving spouse inherits everything if the couple had been married at least 3 years. If married less than 3 years, the spouse takes 50% and the rest goes to the decedent's parents or other relatives.
• If there are no descendants and no spouse: the estate goes to the parents, then to brothers and sisters and their descendants.

Dower and Curtesy

Arkansas still uses the older doctrines of dower (for widows) and curtesy (for widowers). If the deceased left children, the surviving spouse is entitled to a life estate in one-third of the land the deceased spouse owned during the marriage (§ 28-11-301) and one-third of the personal property outright (§ 28-11-305). If there are no children, the spouse's share is larger: generally one-half of land the deceased acquired and one-half of the personal property, with different rules for inherited land and against creditors (§ 28-11-307).

These rights apply even if a will leaves the property to someone else. A surviving spouse can choose to take against the will to claim them. Dower and curtesy reach property the deceased owned, so assets that pass outside the estate, such as life insurance and retirement accounts with named beneficiaries, are generally not included.

Deadlines apply to electing against a will, so a surviving spouse who is unhappy with a will should talk to an Arkansas probate attorney soon after the death.

Homestead Rights

The surviving spouse and minor children also have homestead rights in the family home, which protect it from most creditors and let the family keep living there (Ark. Const. art. 9). The protected homestead is up to 160 acres in rural areas (at least 80 acres regardless of value) and up to one acre in a city or town (at least a quarter acre regardless of value).

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 for the small estate affidavit ($100,000 or less, not counting the home), the heir can use a certified copy of the affidavit, the death certificate, and the vehicle title to retitle the vehicle at the Arkansas Revenue Office.

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

Under Ark. Code § 20-76-436, Medicaid and certain other benefits paid by the Arkansas Department of Human Services (DHS) become a debt at the recipient's death, and DHS may make a claim against the estate. Federal law requires states to recover at least nursing home and home- and community-based care costs paid after age 55.

The Arkansas statute does not spell out whether every type of asset that passes outside probate, such as a beneficiary deed, joint account, or living trust, can be reached. Ask DHS in writing before assuming any asset is protected.

Under federal law, recovery is delayed while any of the following is living:

• A surviving spouse
• A child under age 21
• A child of any age who is blind or disabled

DHS must also not pursue recovery if it would not be cost effective or would cause undue hardship for heirs. Hardship factors include when the asset is an heir's only source of income, or when the home is worth 50% or less of the average home price in its county. If assets are distributed without clearing a DHS claim, the people who received them may have to repay it.

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.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.