How Probate Works in Arkansas

Does Arkansas require probate?

Not always. Estates valued at under $100,000 (after subtracting debts, homestead allowances, and statutory allowances) can use a small estate affidavit to transfer assets without going through full probate.

For larger estates, Arkansas requires probate through the Circuit Court. The state has not adopted the Uniform Probate Code, so the process tends to be more formal and court-involved than in UPC states.

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What court handles probate in Arkansas?

Probate in Arkansas is handled by the Circuit Court (Probate Division) in the county where the deceased person lived. Each of Arkansas's 75 counties has a Circuit Court with a probate division.

The Circuit Clerk's office handles filings and maintains estate records. In some counties, the probate docket moves slowly, so filing promptly helps avoid delays.

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Small estate threshold

Estates valued at $100,000 or less after subtracting debts can use a small estate affidavit to collect assets without probate (Arkansas Code § 28-41-101).

Requirements:

• The net estate value (total assets minus debts) does not exceed $100,000.
• Homestead and statutory allowances for the surviving spouse or minor children are excluded from this calculation.
• At least 45 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.

The affidavit can be presented to banks, financial institutions, and other asset holders to claim property. Real estate generally requires probate or a separate legal process.

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Simplified probate options

Arkansas does not offer an informal probate track like UPC states. However, there are two main paths:

Independent administration. If the will authorizes it (or all heirs consent), the executor can administer the estate without seeking court approval for every action. This is faster and less expensive than supervised administration.

Supervised administration. The default if the will doesn't specify otherwise. Each major action (selling property, paying certain debts, distributing assets) requires court approval. This provides more oversight but adds time and legal costs.

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What if there is no will?

When someone dies without a will in Arkansas, the estate follows the state's intestate succession laws (Arkansas Code § 28-9-214 et seq.).

If the deceased was married:

• Spouse and descendants. The surviving spouse receives one-third of the personal property. The remaining two-thirds goes to the children. For real property, the surviving spouse receives a life estate in one-third through dower/curtesy rights (see below).
• Spouse, no descendants. The surviving spouse receives one-half of the personal property. If the couple was married for fewer than three years, the other half goes to the deceased's parents or siblings.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Arkansas different?

Dower and curtesy rights

Arkansas is one of the few states that still recognizes dower (for surviving wives) and curtesy (for surviving husbands). These rights give the surviving spouse a life estate in one-third of the deceased's real property, regardless of what the will says.

This means a surviving spouse cannot be entirely disinherited from real estate in Arkansas. The spouse can elect to take their dower or curtesy share even if the will leaves them nothing.

Homestead protection

Arkansas provides a strong homestead exemption that protects the family home from creditors during probate. The surviving spouse or minor children can remain in the homestead during the estate administration, and the homestead is excluded from the small estate calculation.

No Uniform Probate Code

Arkansas has not adopted the UPC, which means there is no informal probate option. All probate proceedings go through the Circuit Court, and the process tends to involve more court oversight than in UPC states.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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