When someone dies in Arkansas, not every estate requires full probate in Circuit Court. If the deceased owned $100,000 or less in personal property subject to probate, Arkansas's Small Estate Affidavit (Ark. Code Ann. § 28-41-101) lets you collect those assets with a notarized document — no court filing, no attorney, no filing fee. You must wait 45 days from the date of death before presenting the affidavit.
The Three Requirements
- At least 45 days have passed since the date of death
- The total personal property subject to probate is $100,000 or less
- No probate proceeding has been filed or is pending for the estate
What Counts Toward the $100,000 Threshold?
Count: Personal property with no beneficiary designation or surviving joint owner — sole-name bank accounts, vehicles in the deceased's name only, investment accounts without beneficiary designations.
Do NOT count:
- Accounts with a named beneficiary (POD, TOD, life insurance, IRAs) — pass directly to the named beneficiary
- Joint tenancy property — passes to the surviving owner
- Trust assets — controlled by the trustee
- Real estate — always excluded from the affidavit procedure
Qualifying and Non-Qualifying Examples
| Asset | Value | Qualifies? | Reason |
|---|---|---|---|
| Checking account (sole name, no beneficiary) | $42,000 | ✅ Yes | Personal property, decedent's name only |
| Vehicle (sole title) | $18,000 | ✅ Yes | Personal property; total so far = $60,000 |
| Savings account (sole name, no beneficiary) | $35,000 | ✅ Yes | Total = $95,000 — under $100,000 ✅ |
| House (sole ownership) | $210,000 | ❌ No | Real estate — requires Circuit Court probate |
| IRA with named beneficiary | $90,000 | ❌ N/A | Passes directly to beneficiary — not probate property |
| Additional CD (no beneficiary) | $8,000 | ❌ No | Total would be $103,000 — exceeds $100,000 threshold |
How to Use the Arkansas Small Estate Affidavit — Step by Step
- Wait 45 days from the date of death
- Confirm eligibility — total personal property subject to probate is $100,000 or less; no probate proceeding is open
- Draft the affidavit stating: the decedent's name and death date; that 45+ days have passed; total personal property subject to probate is $100,000 or less; no probate is pending; your relationship and legal entitlement to the property; and a specific description of each asset claimed
- Sign before a notary public
- Attach a certified death certificate (order from Arkansas DH Vital Records at healthy.arkansas.gov)
- Present the affidavit directly to the asset holder — bank, Arkansas DMV (vehicle title transfer), investment broker
- The asset holder must transfer the property — they are legally protected when acting on a valid affidavit under § 28-41-101
Arkansas vs. Neighboring State Thresholds
| State | Threshold | Wait Period | Real Estate? |
|---|---|---|---|
| Arkansas | $100,000 | 45 days | No |
| Illinois | $100,000 | None | No |
| Tennessee | $50,000 | 45 days | No |
| Missouri | $40,000 | 30 days | No |
| Oklahoma | $50,000 | 10 days | No |
| Mississippi | $50,000 | None | No |
| Kansas | $40,000 | 30 days | No |
Arkansas's $100,000 threshold is among the highest in the region. Only Illinois matches it, but Illinois has no wait period. The 45-day wait is the main limitation — use that time to gather documents and prepare.
What If the Estate Doesn't Qualify?
If the estate includes real estate in the decedent's sole name, or if personal property exceeds $100,000, you must open probate with the Arkansas Circuit Court in the county of domicile. If the will authorizes independent administration (§ 28-47-101) or all heirs consent, you can significantly reduce court supervision. See our Arkansas Probate Process guide for the complete procedure.