What the rule says
Arkansas provides a streamlined alternative to formal probate for small estates. Under Ark. Code § 28-41-101, a successor can collect personal property of an Arkansas decedent without going through formal probate, if:
- The total value of the personal property does not exceed $100,000 - The decedent has been dead for at least 45 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 45-day waiting period. Among the longer waiting periods nationally. - $100,000 threshold counts personal property only. - Real property requires separate procedures. Arkansas recognizes TOD deeds. - Court filing required in most cases.
How this fits with AR's other tools
Arkansas offers several alternatives to formal probate:
- Small estate affidavit (§ 28-41-101): Personal property up to $100,000. - Standard probate: Court-supervised when warranted. - TOD deed (Ark. Code § 18-12-608): Arkansas recognizes TOD deeds.
What you can do about it
For a survivor of an Arkansas decedent:
1. Calculate personal property value. Stay within $100,000. 2. Wait 45 days from death. 3. File the affidavit with the probate court. 4. Distribute property.
Who this affects most
Arkansas's small estate affidavit is most relevant for survivors of Arkansas decedents with modest probate estates.