Arkansas Small Estate Affidavit: $100,000 Limit, Wait Time and Form

Arkansas lets the people entitled to a small estate collect it by filing an affidavit for collection of a small estate by distributee under Ark. Code Ann. 28-41-101. The value of everything the person owned at death, less encumbrances, must not exceed $100,000, not counting the homestead and certain family allowances, and at least 45 days must have passed since the death.

Arkansas's version is not a private document you hand straight to a bank. It is filed with the probate clerk of the circuit court, who certifies copies for you to present. To compare Arkansas with other states, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Arkansas small estate affidavit under Ark. Code Ann. 28-41-101 and 28-41-102 (as amended by Act 1021 of 2017 and Act 423 of 2021), the Department of Finance and Administration's vehicle inheritance affidavit, and the Auditor of State's heirship rule for unclaimed property. It does not cover full probate administration, who inherits when there is no will, estate or income tax, or the law of any other state.

How much can the estate be worth?

The limit is $100,000. As amended by Act 423 of 2021, Section 28-41-101 requires that:

"The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000)."

Act 423 of 2021 kept the $100,000 figure. Summaries that say the act raised the limit are wrong; its main change was letting a distributee open an estate bank account, covered below. The figure is a fixed dollar amount, not adjusted for inflation.

What counts toward the $100,000

• Encumbrances come off. The test is the value "less encumbrances," so a mortgage or lien on an asset reduces what it adds to the total.
• The homestead is left out. Act 423 provides that "the value of the decedent's homestead and the value of any statutory allowances for the benefit of a spouse or minor children, if any, shall be excluded."
• Real property other than the homestead counts. The statute measures "all property owned by the decedent," so land, a second house and personal property are added together in one figure.

The statute does not expressly say whether jointly owned accounts, payable-on-death accounts or assets with a named beneficiary count. If those assets could push the total over $100,000, ask the probate clerk or a lawyer before you file.

How long do you have to wait?

Section 28-41-101 requires that "Forty-five (45) days have elapsed since the death of the decedent." County clerk packets advise filing on the 46th day or later.

You must also be able to state that "No petition for the appointment of a personal representative is pending or has been granted." If someone has already started a full probate case, the affidavit is not available.

Who can file the affidavit?

The affidavit is filed by "One (1) or more of the distributees," meaning the people entitled to receive the property. Section 28-41-101 does not set out a priority list of relatives. Instead, the affidavit lists the name, address and relationship of each person who will receive the property.

What the affidavit must state

The official form is Probate Form 23, Affidavit for Collection of Small Estate by Distributee, prescribed by the Arkansas Supreme Court. County clerks hand it out in their small estate packets; the Garland County clerk's information packet includes the form, a reprint of the statute, and a sample notice and deed. The statute reprint in that packet is the 2014 text of Section 28-41-102 and does not include the 2017 and 2021 changes. We do not provide affidavit wording.

Under Section 28-41-101 as amended in 2021, the affidavit states, among other things:

• The total value, less encumbrances, is within $100,000, with the homestead and spousal or minor-child allowances left out.
• Forty-five days have passed since the death.
• No petition to appoint a personal representative is pending or has been granted.
• "That there are no unpaid claims or demands against the decedent or his or her estate, that the Department of Human Services furnished no federal or state benefits to the decedent, or, that if such benefits have been furnished, the department has been reimbursed in accordance with state and federal laws and regulations."
• An itemized list of the personal and real property with values, who holds or occupies it, and the name, address and relationship of each person who will receive it.

The Department of Human Services statement matters if the person who died received Medicaid or other state or federal benefits. Do not sign it until the department has been reimbursed or you know no benefits were furnished.

How to use the affidavit, step by step

1. Wait at least 45 days after the death.
2. Check every condition: the property is within $100,000 as the statute counts it, there are no unpaid claims, the Department of Human Services statement is true, and no personal representative has been appointed or petitioned for.
3. Get Probate Form 23 from the probate clerk of the circuit court in the county where the estate would be administered.
4. Complete it and sign before a notary. The Garland County packet says: "Complete the affidavit and have it notarized (OUR OFFICE CANNOT NOTARIZE THE AFFIDAVIT)."
5. File it with the probate clerk of the circuit court of the county of proper venue. Section 28-41-101 sets a $25 charge for filing the affidavit and $5 for each certified copy, with no extra fee for attaching a will. Some clerks charge more (Garland County lists $30), so ask the clerk before you go.
6. Present certified copies. "A copy of the affidavit certified by the clerk is furnished to any person owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right."
7. If real property is listed, follow the extra steps in the next section before treating the land as transferred.

Opening an estate bank account without probate

Act 423 of 2021 added a tool for distributees. "The distributee of an estate may open a checking account or savings account in a bank within this state in the name of the estate and on behalf of the estate without filing a petition for probate and administration or obtaining a court order granting a petition for probate and administration." That gives the distributee a place to collect funds and pay estate expenses without opening a full probate case.

Real estate: extra steps before a deed of distribution

In Arkansas the affidavit can include real property, but the affidavit alone does not finish the job. The form calls for each piece of real property to be described and valued.

Act 1021 of 2017 rewrote Section 28-41-102(d) and added subsection (e). Under (e), if a claim against the estate is presented within three months after the notice is first published, the distributee must "file a petition for the administration of the estate in accordance with 28-40-101 et seq.," unless the claim is satisfied without using the decedent's property. A new notice must then be published and a new filing fee paid; the affidavit filing fee is not credited or refunded.

When the estate includes real property, Section 28-41-101 requires the distributee to publish a notice of the death and of the affidavit filing within 30 days after filing the affidavit. Claims as to the real property are barred three months after the first publication (Section 28-41-102). If no claim is presented in those three months, or every claim presented is satisfied, the distributee may issue a deed of distribution to himself or herself and must notify the county assessor of each county where the land is located.

The Garland County packet includes a notice for publication and a deed form. Ask the probate clerk which newspaper to use, and ask a lawyer before you sign a deed to yourself. To see how the property is recorded, see our guide to Arkansas property records.

Transferring a vehicle: Form 10-306

A car or truck has a separate route through the Department of Finance and Administration's Office of Motor Vehicle. Form 10-306, Affidavit of Inheritance of a Motor Vehicle, is signed by the "sole heir(s) at law," who state "that said decedent's estate has not been administered, and that if he left a will it has not, and probably will not be admitted to probate." The form does not set a dollar limit, and it is not tied to the Section 28-41-101 filing.

A vehicle titled with a named beneficiary passes to that beneficiary by operation of law under Ark. Code Ann. 27-14-727. This page could not confirm the Department's current list of documents and fees for a title transfer after a death; check with the revenue office before you go.

Unclaimed property held by the Auditor of State

The Arkansas Auditor of State runs the unclaimed property program at ClaimItAR.gov, and legal heirs can claim a deceased relative's property by proving heirship, for example with a probated will or the Auditor's affidavit of heirship. Under the Auditor's rule, 18 CAR 21-404 (effective October 27, 2025), "The affidavit of heirship can only be used for properties or claims valued at less than ten thousand dollars ($10,000)." An heir of someone who died without a will needs a court order establishing ownership to claim more than that, and a notarized claim form is required for claims of $1,000 or more.

This page could not confirm whether the Auditor accepts a certified small estate affidavit as proof of heirship. See our guide to Arkansas unclaimed property and the Auditor's property search.

Final paycheck and other gaps

The research for this page did not locate an Arkansas statute that lets an employer pay a deceased worker's final wages to family. Ask the employer what it requires, and list any wages owed on the affidavit if you are using it.

Under Ark. Code Ann. 28-41-102, a holder who pays or delivers on the certified affidavit is released as if it had dealt with a personal representative, and the distributee who receives the property holds it "as trustee," answerable to anyone with a prior right and accountable to any personal representative appointed later. If a holder refuses, the distributee can sue to recover the property. This page could not confirm the penalty for a false affidavit.

When to open probate instead

The affidavit works only when every condition in Section 28-41-101 is met. A probate administration is usually the path when:

• The property, counted the way the statute counts it, is worth more than $100,000.
• There are unpaid claims or demands against the estate, or, when real property is listed, a claim is presented within three months after the notice is first published and is not satisfied without using the decedent's property.
• The Department of Human Services furnished benefits and has not been reimbursed.
• A petition for a personal representative is pending or has been granted.

A separate court route, Ark. Code Ann. 28-41-103, lets an interested person petition the probate court for an order vesting the estate in a surviving spouse and minor children when the decedent's personal property does not exceed what they are entitled to free of debt as dower or curtesy and statutory allowances. The court can set the order aside within one year (28-41-104).

See our guide to Arkansas probate for how a full administration works.

Related

• Small estate affidavit rules by state
• Arkansas probate
• Arkansas unclaimed property
• Arkansas property records
• Mississippi small estate affidavit
• Missouri small estate affidavit

This article is general legal information about Arkansas law (Ark. Code Ann. 28-41-101 and 28-41-102) as verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the probate clerk of the circuit court in the county where the person lived, a legal aid office, or a lawyer licensed in Arkansas.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Arkansas?

The limit is $100,000. Under Ark. Code Ann. 28-41-101, as amended by Act 423 of 2021, the value of all property owned by the decedent at death, less encumbrances, must not exceed $100,000, with the homestead and statutory allowances for a spouse or minor children left out of the count.

How long after death can I file a small estate affidavit in Arkansas?

Forty-five days must have elapsed since the death (Ark. Code Ann. 28-41-101, as amended by Act 423 of 2021). County clerk packets, such as Garland County's, tell filers to file on the 46th day or later.

Does a small estate affidavit need to be filed with the court in Arkansas?

Yes. One or more distributees file the affidavit with the probate clerk of the circuit court in the county of proper venue, and the clerk certifies copies that are furnished to each person holding the decedent's property.

Can I transfer a house with a small estate affidavit in Arkansas?

Real property can be included, and the house that was the decedent's homestead is excluded from the $100,000 count. Real property adds steps: a notice published within 30 days after the affidavit is filed, a three-month claims period after the first publication, and then a deed of distribution; a claim presented in that period, unless satisfied without using the decedent's property, requires a petition for administration.

Is there an official Arkansas small estate affidavit form?

Yes. Probate Form 23, Affidavit for Collection of Small Estate by Distributee, is prescribed by the Arkansas Supreme Court. County clerks, such as Garland County, include it in their small estate packets.

Does the Arkansas small estate affidavit need to be notarized?

Yes, in practice. The affidavit is sworn, and the Garland County clerk's packet tells filers to have it notarized before filing and notes that the clerk's office cannot notarize it.

How do I transfer a car when the owner died in Arkansas?

If the estate has not been administered, the sole heirs can use the Department of Finance and Administration's Form 10-306, Affidavit of Inheritance of a Motor Vehicle. A vehicle with a named beneficiary on the title passes to that beneficiary under Ark. Code Ann. 27-14-727.

Can heirs claim unclaimed property in Arkansas without probate?

Sometimes. The Auditor of State accepts its affidavit of heirship only for property or claims valued at less than $10,000 (18 CAR 21-404); an heir of someone who left no will needs a court order to claim more than that.