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How Assets Transfer After Death in Arkansas

Not all assets go through probate. Understanding how each type of asset transfers can save time, money, and stress.

The key question is: Did the deceased set up a way for this asset to transfer automatically?

Transfers Automatically (No Probate)

These assets have a built-in mechanism to transfer to a named person.

Joint accounts with right of survivorshipPayable-on-death (POD) and transfer-on-death (TOD) designationsBeneficiary deeds for real estate (Ark. Code 18-12-608)

Requires Probate

Assets solely in the deceased's name with no beneficiary designation may need probate or a small estate affidavit.

Individual bank accounts with no PODReal estate in the deceased's name only with no beneficiary deedPersonal property not covered by allowances

Special Arkansas Rules

Some assets have unique Arkansas-specific transfer rules.

Homestead (surviving spouse and minor children rights)Dower or curtesy and statutory allowances for a surviving spouseSmall estates of $100,000 or less (collection by distributee affidavit)

Select an Asset Type

Sources: Arkansas Code Title 28 (Wills, Estates, and Fiduciary Relationships) | Ark. Code § 18-12-608 (Beneficiary deeds) | Arkansas Constitution Article 9 (Exemption / Homestead) | Arkansas DFA - Office of Motor Vehicle | Legal Aid of Arkansas - Wills and Estates

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Arkansas?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).

Information current as of April 11, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arkansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Arkansas Resources

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