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Arkansas Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Arkansas.

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Types of Probate in Arkansas

Arkansas offers several probate procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.

See the full comparison of Arkansas probate typesWhich procedures exist, who qualifies, and how the timelines compare.
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Arkansas Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 75 counties have detailed data.

Full data available: ArkansasFull data available: AshleyFull data available: BaxterFull data available: BentonFull data available: BooneFull data available: BradleyFull data available: CalhounFull data available: CarrollFull data available: ChicotFull data available: ClarkFull data available: ClayFull data available: Cleburne
Show all 75 counties
Full data available: ClevelandFull data available: ColumbiaFull data available: ConwayFull data available: CraigheadFull data available: CrawfordFull data available: CrittendenFull data available: CrossFull data available: DallasFull data available: DeshaFull data available: DrewFull data available: FaulknerFull data available: FranklinFull data available: FultonFull data available: GarlandFull data available: GrantFull data available: GreeneFull data available: HempsteadFull data available: Hot SpringFull data available: HowardFull data available: IndependenceFull data available: IzardFull data available: JacksonFull data available: JeffersonFull data available: JohnsonFull data available: LafayetteFull data available: LawrenceFull data available: LeeFull data available: LincolnFull data available: Little RiverFull data available: LoganFull data available: LonokeFull data available: MadisonFull data available: MarionFull data available: MillerFull data available: MississippiFull data available: MonroeFull data available: MontgomeryFull data available: NevadaFull data available: NewtonFull data available: OuachitaFull data available: PerryFull data available: PhillipsFull data available: PikeFull data available: PoinsettFull data available: PolkFull data available: PopeFull data available: PrairieFull data available: PulaskiFull data available: RandolphFull data available: SalineFull data available: ScottFull data available: SearcyFull data available: SebastianFull data available: SevierFull data available: SharpFull data available: St. FrancisFull data available: StoneFull data available: UnionFull data available: Van BurenFull data available: WashingtonFull data available: WhiteFull data available: WoodruffFull data available: Yell

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Arkansas Probate Guides

View all guides
Arkansas Probate Guide
ARJun 14, 2026

Arkansas Probate Guide

How to Avoid Probate in Arkansas
ARJun 14, 2026

How to Avoid Probate in Arkansas

Arkansas Probate Timeline
ARJun 14, 2026

Arkansas Probate Timeline

Arkansas Executor Duties
ARJun 14, 2026

Arkansas Executor Duties

Ancillary Probate in Arkansas: Out-of-State Property
ARJul 1, 2026

Ancillary Probate in Arkansas: Out-of-State Property

Arkansas Advance Directive
ARJun 14, 2026

Arkansas Advance Directive

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Arkansas Probate Self-Help and Online Resources

Arkansas Estate Law Overview

Arkansas Estate Tax Info

Arkansas has no state estate tax and no state inheritance tax. It does have a state individual income tax, but no value-based probate tax.

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives a deceased Arkansas resident's property when there is no valid will. Arkansas distributes the 'heritable estate' under the table of descents in Ark. Code 28-9-214, after first satisfying the surviving spouse's dower or curtesy, homestead rights, and statutory allowances.

View spouse inheritance rules
The decedent is survived by one or more descendants (children or their descendants)Dower or curtesy only (not a table-of-descents share)

Under Ark. Code 28-9-214(1), if the intestate is survived by descendants, the heritable estate passes to the children and their descendants. The surviving spouse does not take a table-of-descents share but is entitled to dower or curtesy: a life estate in one-third of the real property (Ark. Code 28-11-301) and one-third of the personal estate (Ark. Code 28-11-305).

No surviving descendants, and the spouse was continuously married to the decedent for three (3) years or more immediately before death100% of the heritable estate

Under Ark. Code 28-9-214(2), if there is no descendant and the spouse was continuously married to the decedent for at least three years next preceding death, the surviving spouse takes the entire heritable estate.

No surviving descendants, and the spouse was continuously married to the decedent for LESS than three (3) years immediately before death50% of the heritable estate

Under Ark. Code 28-9-214(2) and (4), if there is no descendant and the marriage lasted less than three years, the surviving spouse takes only fifty percent (50%) of the heritable estate; the balance passes to the decedent's parents, then siblings, and so on.

View order of inheritance (no spouse)
  1. 1Children and their descendantsThe entire heritable estate, subject to the spouse's dower/curtesy
  2. 2Surviving spouse (no descendants)100% if married 3+ years before death; 50% if married less than 3 years
  3. 3Parents (surviving parents or sole surviving parent)If no descendant or spouse, the estate passes equally to surviving parents; takes the non-spouse 50% if the spouse was married less than 3 years
  4. 4Brothers and sisters and their descendantsIf no descendant or parent, the portion that would have passed to the parents passes to siblings and the descendants of predeceased siblings, per capita or per stirpes
  5. 5Grandparents, uncles, and aunts (and their descendants)If no descendant in the closer classes, the heritable estate passes to surviving grandparents, uncles, and aunts, with no paternal/maternal distinction; descendants of a predeceased uncle or aunt take by representation
  6. 6Great-grandparents, great-uncles, and great-aunts (and more remote kin)If no closer heir, the estate passes to great-grandparents and great-uncles/great-aunts, continuing to more remote ascending classes

Arkansas Homestead Protection

Arkansas homestead protection is a constitutional creditor exemption (Ark. Const. art. 9) combined with statutory homestead rights for a surviving spouse and minor children (Ark. Code 28-39-201 et seq.). The constitutional exemption is acreage-based with a low $2,500 value floor: a rural homestead may be up to 160 acres (not less than 80 acres) not exceeding $2,500 in value, and an urban homestead up to 1 acre (not less than 1/4 acre) not exceeding $2,500 in value. After death, the surviving spouse takes the homestead's rents and profits for life, with minor children sharing until age 21.

0
Creditor protection: read the statute text

Rural: up to 160 acres (min 80 acres) not exceeding $2,500 in value; Urban: up to 1 acre (min 1/4 acre) not exceeding $2,500 in value

Statute: Ark. Const. art. 9 secs. 3-5

Size limits & qualifications

Inside city limits: Up to 1 acre, minimum 1/4 acre, not exceeding $2,500 in value

Outside city limits: Up to 160 acres, minimum 80 acres, not exceeding $2,500 in value

Property types: Owner-occupied principal residence (rural or urban), Land within the constitutional acreage limits

Restrictions on leaving homestead in will

With spouse, no minor children:

The surviving spouse has homestead rights (rents and profits for life under Ark. Code 28-39-201) if the parties were continuously married for more than one year; analyze dower/curtesy and the election against the will separately.

With minor children:

Minor children share homestead rights with the surviving spouse, each child's interest ceasing at age 21 (Ark. Code 28-39-201(b)). On the surviving spouse's death, the homestead vests in the minor children (Ark. Code 28-39-201(c)).

Exempt Property

Arkansas provides statutory allowances to a surviving spouse and minor children out of a decedent's estate (a personal property allowance, a homestead/homestead rights set-aside, and a short-term support allowance), separate from the debtor exemptions a living person may claim against creditors under the Arkansas Constitution and Title 16.

View exempt items
Personal Property Allowance (surviving spouse and minor children)
The surviving spouse and minor children (or either in the absence of the other) may have personal property assigned to them out of the decedent's property up to $4,000 in value as against distributees, or $2,000 in value as against creditors, under Ark. Code 28-39-101(a). This is a fixed statutory amount, not indexed.
$4,000 as against distributees; $2,000 as against creditors
Household Furniture and Furnishings
Furniture, furnishings, appliances, implements, and equipment reasonably necessary for family use and occupancy of the dwelling are assigned to and vested in the surviving spouse if living with the decedent at the time of death, under Ark. Code 28-39-101(b).
Reasonably necessary furniture, furnishings, appliances, implements, and equipment for family use of the dwelling
Support (Sustenance) Allowance
During the two-month period after the decedent's death, the surviving spouse and minor children are entitled to receive from the estate a reasonable amount not exceeding $1,000 in the aggregate for their sustenance in accordance with the family's usual living standards, under Ark. Code 28-39-101(c).
Up to $1,000 in the aggregate, for two months
Homestead Rights (surviving spouse and children)
A surviving spouse and minor children have homestead rights under Ark. Code 28-39-201 and the Arkansas Constitution. These are occupancy and life-estate rights in the homestead, not a fixed dollar set-aside. See homestead-law.json.
Life estate / occupancy rights in the homestead; see homestead-law.json
Debtor Homestead Exemption (constitutional)
Arkansas's constitutional debtor homestead exemption (Ark. Const. art. 9 secs. 4-5) is acreage-based with a low $2,500 value floor. Verify current application; this protects a living debtor's homestead from certain creditor process.
Rural: up to 160 acres (not less than 80 acres) not exceeding $2,500 in value; urban: up to 1 acre (not less than 1/4 acre) not exceeding $2,500 in value
Personal Property Debtor Exemption (constitutional)
Ark. Const. art. 9 secs. 1-2 exempt a limited value of personal property from creditor execution. Federal bankruptcy exemptions may also be available to Arkansas debtors. Verify current amounts and the federal-exemption option.
Up to $500 (married/head of family) or $200 (single) in personal property, beyond wearing apparel
Retirement Plans
Certain retirement benefits and accounts are exempt under Arkansas and federal law when statutory requirements are met. Confirm the controlling exemption for the specific account.
Generally exempt under stated conditions

Family Allowance

Up to $1,000 in the aggregate, for the two-month period after death - A reasonable amount, not exceeding $1,000 in total, for the sustenance of the surviving spouse and minor children during the two months after the decedent's death, in accordance with the family's usual living standards.

Arkansas Probate Questions

How much does probate cost in Arkansas?
Arkansas probate filing fees vary by county and type of administration. According to Arkansas court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free Arkansas fee calculator for county-specific estimates.
How long does probate take in Arkansas?
The timeline varies by type: Formal Probate typically takes 6-12+ months, Simplified Probate takes Varies, and Small Estate Procedure can often be completed in Varies.
Do I need an attorney for probate in Arkansas?
Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.
Are these Arkansas probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Arkansas county page and the county office handling the estate before filing.
Which Arkansas source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Arkansas Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.