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
Small Estate Affidavit vs Full Administration at a Glance
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| Category | Small Estate Affidavit | Full Administration | Winner |
|---|---|---|---|
| Estate size | $100,000 or less, less encumbrances, after homestead and allowances | No small-estate cap | Small Estate Affidavit |
| Court involvement | Affidavit filed with the Circuit Clerk; no appointment | Circuit Court Probate Division appoints a personal representative and issues letters | Small Estate Affidavit |
| Filing fee | $25 + $5 per certified copy | $165 ($150 base + $15 technology fee) | Small Estate Affidavit |
| 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) | Small Estate Affidavit |
| Attorney need | Usually not required | Recommended for larger or higher-risk estates | Small Estate Affidavit |
Main Arkansas Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
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 | Smaller estates where no appointment is pending and the distributee can complete the affidavit |
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 | 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. | 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 | Estates with no will where heirs need an administrator and the court determines heirship |
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) | Estates where assets pass by beneficiary form, joint survivorship, or beneficiary deed |
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
Threshold: $100,000 or less in all property owned at death, less encumbrances, excluding homestead and statutory allowances
Filing Fee: $25 + $5 per certified copy
Timeline: 45+ days after death
Real Estate: Yes, but it triggers a published notice and a 3-month claim window against the real property
Attorney: No
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
Threshold: No cap; used when a will needs to be admitted and an executor needs authority
Filing Fee: $165 ($150 base + $15 technology fee)
Timeline: 6 months to a year or longer
Real Estate: Yes, though real property generally vests in devisees at death unless the will or court directs a sale
Attorney: Recommended
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
Threshold: No cap; used when there is no will and an administrator needs authority
Filing Fee: $165 ($150 base + $15 technology fee)
Timeline: 6 months to a year or longer
Real Estate: Yes, subject to intestate succession and any court-ordered sale to administer the estate
Attorney: Recommended
No Administration (Nonprobate Transfers)
Beneficiary designation, survivorship, or beneficiary deed
Estates where assets pass by beneficiary form, joint survivorship, or beneficiary deed
Threshold: Depends on how each asset is titled, not a dollar cap
Filing Fee: No probate filing fee
Timeline: Days to weeks, depending on the asset holder
Real Estate: Only through survivorship or a recorded beneficiary deed
Attorney: 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.
Unfamiliar terms in the comparison? The Arkansas probate glossary defines them in plain language.
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