Updated November 2025 – As an attorney who has drafted and filed hundreds of small estate affidavits across the United States, including dozens in Arkansas, I created this comprehensive guide and free downloadable Small Estate Affidavit template for Arkansas to help families avoid expensive probate when a loved one passes away with limited assets. If you’ve been searching for “affidavit of inheritance Arkansas,” “small estate affidavit Arkansas,” or “Arkansas affidavit of small estate,” you’re in the right place.
In Arkansas, the Small Estate Affidavit (officially called the “Affidavit for Collection of Small Estate by Distributee” under Ark. Code § 28-41-101) is a simple, low-cost alternative to full probate administration. Instead of going to court and waiting months or years, heirs or successors can use this affidavit to collect the deceased person’s assets directly from banks, the Arkansas DMV, transfer agents, and other institutions.
Arkansas currently allows the small estate procedure when the total value of the estate (excluding homestead and exempt property) does not exceed $100,000 and at least 30 days have passed since death. See Ark. Code Ann. § 28-41-101 (2025). Source: Arkansas Code via Justia.
| Requirement | Details |
|---|---|
| Maximum Estate Value | $100,000 (real property not titled in decedent’s name alone is usually excluded) |
| Waiting Period | At least 30 days after date of death |
| No Pending Petition | No one has filed (or plans to file) for appointment of a personal representative |
| Who Can Sign | Any successor/heir entitled to part or all of the estate |
| Notarization | Must be signed in front of a notary public |
| Filing | No court filing required – present directly to asset holders |
Click the buttons below to download my attorney-drafted, 2025-compliant Arkansas Affidavit of Small Estate template – completely free:
Download .DOCX Version | Download Fillable PDF
I personally update this template every year to reflect the latest Arkansas statutes and common bank requirements.
Follow these steps to fill out the affidavit correctly (using my template):
| Situation | Who Inherits |
|---|---|
| Spouse + descendants (all from spouse) | Spouse gets everything |
| Spouse + descendants from prior relationship | Spouse gets 1/3; children split 2/3 |
| No spouse, only children/grandchildren | Children equally |
| No spouse, no children | Parents equally, then siblings, etc. |
Source: Ark. Code Ann. § 28-9-214 (2025).
In my 10+ years of practice, these are the top rejection reasons I see:
The Arkansas small estate procedure cannot be used to transfer title to real estate that was owned solely by the decedent. If the home or land was jointly owned with right of survivorship or had a transfer-on-death deed, it passes automatically. Otherwise, you must open full administration or use an alternative procedure.
Do I have to file the affidavit with the court?
No. Arkansas is one of the few states that does not require court filing for small estates.
How long is the affidavit valid?
Indefinitely, as long as the facts remain true.
Can multiple heirs sign one affidavit?
Only one person needs to sign, but all heirs should receive notice and agree.
Does the $100,000 limit include cars?
Yes – vehicles count toward the $100,000 limit.
Using the proper small estate affidavit Arkansas form can save families thousands in attorney and court fees while collecting assets in weeks instead of months. Download my free 2025-updated template above, follow the instructions, and you’ll be done faster than you think.
Important Disclaimer: This article and template are for informational purposes only and do not constitute legal advice. Estate laws change and each situation is unique. Always consult a licensed Arkansas attorney or tax professional before proceeding. Neither the author nor this website will be liable for any losses resulting from use of this template.
Have questions about your specific Arkansas small estate situation? Feel free to leave a comment below – I respond to most within 24 hours.