Arkansas Probate Types: Small Estate Affidavit vs Full Administration
Arkansas probate types usually come down to one question: does the estate qualify for the small estate affidavit, does it need full administration in the Circuit Court Probate Division, or do the assets pass outside probate entirely?
Compare eligibility, timing, court involvement, and local verification points
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Estate size | $100,000 or less, less encumbrances, after homestead and allowances | No small-estate cap | Summary |
| Court involvement | Affidavit filed with the Circuit Clerk; no appointment | Circuit Court Probate Division appoints a personal representative and issues letters | Summary |
| Filing fee | $25 + $5 per certified copy | $165 ($150 base + $15 technology fee) | Summary |
| Real property | Allowed, but triggers published notice and a 3-month claim window | Handled through administration when the will or court directs | Tie |
| Creditor claims | 3-month bar against real property after first publication | 6-month bar after first publication of notice to creditors (§ 28-50-101) | Summary |
| Attorney need | Usually not required | Recommended for larger or higher-risk estates | Summary |
Main Arkansas Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Small Estate by Affidavit Ark. Code § 28-41-101 (Form 23) | $100,000 or less in all property owned at death, less encumbrances, excluding homestead and statutory allowances | $25 + $5 per certified copy | 45+ days after death | Yes, but it triggers a published notice and a 3-month claim window against the real property | No |
Full Administration (Testate) Ark. Code Title 28, Subtitle 4 | No cap; used when a will needs to be admitted and an executor needs authority | $165 ($150 base + $15 technology fee) | 6 months to a year or longer | Yes, though real property generally vests in devisees at death unless the will or court directs a sale | Recommended |
Full Administration (Intestate) Ark. Code §§ 28-48-101, 28-9-201 et seq. | No cap; used when there is no will and an administrator needs authority | $165 ($150 base + $15 technology fee) | 6 months to a year or longer | Yes, subject to intestate succession and any court-ordered sale to administer the estate | Recommended |
No Administration (Nonprobate Transfers) Beneficiary designation, survivorship, or beneficiary deed | Depends on how each asset is titled, not a dollar cap | No probate filing fee | Days to weeks, depending on the asset holder | Only through survivorship or a recorded beneficiary deed | No (recommended if title is unclear) |
* The circuit court filing fee to open an estate is uniform statewide at $165 ($150 base under Ark. Code § 21-6-403(b)(1) plus a $15 court technology fee under § 21-6-416). The small estate affidavit costs $25 to file plus $5 per certified copy. Counties may not add filing fees beyond those authorized by state law.
Side-by-Side Comparison
Small Estate by Affidavit
Ark. Code § 28-41-101 (Form 23)
Smaller estates where no appointment is pending and the distributee can complete the affidavit
Full Administration (Testate)
Ark. Code Title 28, Subtitle 4
Estates with a will that need an executor to collect assets, handle creditors, or sell property
Full Administration (Intestate)
Ark. Code §§ 28-48-101, 28-9-201 et seq.
Estates with no will where heirs need an administrator and the court determines heirship
No Administration (Nonprobate Transfers)
Beneficiary designation, survivorship, or beneficiary deed
Estates where assets pass by beneficiary form, joint survivorship, or beneficiary deed
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Take the Arkansas AssessmentFrequently Asked Questions
What are the main Arkansas probate types?
The main paths are the small estate by affidavit under Ark. Code § 28-41-101 (Form 23) for estates of $100,000 or less, full administration through the Circuit Court Probate Division (with letters testamentary when there is a will or letters of administration when there is not), and no administration when assets pass by beneficiary designation, survivorship, or a recorded beneficiary deed.
Does Arkansas have a separate probate court?
No. Arkansas has no stand-alone probate court. Estates are handled in the Probate Division of the Circuit Court for the county where the person lived at death, and the county Circuit Clerk keeps the case file and the land records.
What is the Arkansas small estate threshold?
The small estate by affidavit applies when all property the decedent owned at death, less encumbrances, is $100,000 or less, excluding the homestead and statutory allowances for a surviving spouse or minor children. At least 45 days must pass since the death, and the affidavit cannot be used if a petition to appoint a personal representative is pending or has been granted. The $100,000 limit is a fixed statutory amount, not indexed for inflation.
What is the difference between letters testamentary and letters of administration in Arkansas?
When there is a valid will, the Circuit Clerk issues letters testamentary to the executor named in the will. When there is no will, the court appoints an administrator and the clerk issues letters of administration. Arkansas calls both roles the personal representative, and banks and title companies ask for the letters as proof of authority.
Do I need an attorney for Arkansas probate?
Arkansas does not impose a blanket attorney requirement for every estate filing. The small estate affidavit is often handled without an attorney. Full administration is more complex, and many families hire counsel, especially when there is real property, creditor risk, or a contested will. If an attorney is hired, the fee follows the statutory scale in Ark. Code § 28-48-108(d).
Important: Arkansas has no separate probate court. Estates are filed in the Probate Division of the Circuit Court for the county where the decedent lived, and the Circuit Clerk keeps the case file. The $165 filing fee is uniform statewide, but each Circuit Clerk and each newspaper sets its own copy and publication line items, so confirm the local packet before filing.
Sources & Verification
Legal Authority: Ark. Code Ann. Title 28 (Wills, Estates, and Fiduciary Relationships), including §§ 28-41-101, 28-48-101, and 28-50-101
Last Verified: 2026-06-15
The circuit court filing fee to open an estate is uniform statewide at $165 ($150 base under Ark. Code § 21-6-403(b)(1) plus a $15 court technology fee under § 21-6-416). The small estate affidavit costs $25 to file plus $5 per certified copy. Counties may not add filing fees beyond those authorized by state law.
Ark. Code § 28-41-101, Collection of small estates by distributee
Arkansas Code (Arkansas General Assembly), via Justia. Current statute, accessed June 15, 2026.
Ark. Code § 28-48-108, Compensation of personal representative and attorney
Arkansas Code (Arkansas General Assembly), via Justia. Current statute, accessed June 15, 2026.
Arkansas Judiciary. Current court overview, accessed June 15, 2026.
Probate Division Forms (including Form 23)
Arkansas Judiciary. Current court forms listing, accessed June 15, 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.