How Probate Works in Arkansas
Arkansas's small-estate affidavit is unusual in a good way — it covers real property as well as personal property, and distribution happens without any court order at all, just a clerk-certified filing.
Probate court
Circuit Court, Probate Division
Typical timeframe
6–12 months typical
Small-estate affidavit limit
$100,000
Simplified probate limit
No flat dollar limit — see below
Creditor claim deadline
180 days
Community property state
No
Does Arkansas require probate?
Probate is required for solely-titled assets above the small-estate threshold, handled by the Probate Division of the Circuit Court. Arkansas has no separate dollar-gated "simplified" tier distinct from the affidavit below — its only shortcut is the small-estate affidavit itself.
How to avoid full probate in Arkansas
- Small-estate affidavit — up to $100,000 (excluding homestead and statutory spousal/minor allowances), available 45 days after death, provided no unpaid claims remain. Filed with the circuit clerk — distribution happens "without the necessity of an order of the court," per the official form.
- Unlike most states, this affidavit can cover real property as well as personal property.
The probate process in Arkansas
Probate runs through the Probate Division of the Circuit Court in the county where the decedent resided.
Creditor claims in Arkansas
Creditors generally have 6 months from first published notice to file a claim, or it's forever barred — a hard bar. Known creditors who were never actually notified are still cut off after 2 years, and if no administration is ever opened, all claims are barred 5 years after death.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
Does the small-estate affidavit cover our house, or just bank accounts?
Arkansas's affidavit can cover real property too, not just personal property — though it's worth confirming a specific title company or institution will accept it before relying on it.
What happens if there's no will?
Arkansas's intestacy statute controls distribution, and the Circuit Court's Probate Division appoints an administrator to handle the estate.
What if we never open probate at all?
Any possible creditor claim is permanently barred 5 years after the date of death if no administration was ever opened and no notice was ever published.
Related guides
Probate in other states
Arkansas figures checked against Arkansas Judiciary — Official Small Estate Affidavit (Form 23) on July 23, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.