Arkansas Small Estate Affidavit
Arkansas calls this the affidavit for collection of small estate by distributee. It lets a distributee collect a $100,000-or-less estate 45 days after death, with no personal representative and no full probate.
Based on Ark. Code 28-41-101
What Is an Arkansas Small Estate Affidavit?
An Arkansas small estate affidavit is the collection-by-distributee path under Ark. Code 28-41-101 (commonly Form 23). One or more distributees swear to the facts and file the affidavit with the circuit clerk so a bank, transfer agent, or other holder can release property without the court appointing a personal representative.
Main Requirements
$100,000 Value Limit
The value of all property owned at death, less encumbrances, must be $100,000 or less. The homestead and statutory allowances for a surviving spouse or minor children are excluded from the total.
45-Day Wait
At least 45 days must have passed since the date of death before the affidavit may be filed.
No Pending or Granted Personal Representative
No petition to appoint a personal representative may be pending or already granted. If administration is open, the affidavit path is unavailable.
Distributee as Filer
The affidavit is filed and signed under oath by a distributee, meaning a person entitled to the property under the will or, with no will, under Arkansas intestate succession.
Duty to Pay Debts
The distributee uses the collected property to pay valid claims, including funeral and last-illness expenses, in the statutory order before distributing what remains. This is a fiduciary duty, not a free transfer.
Real-Property Notice and Claim Bar
If the estate includes real property, the distributee must publish notice within 30 days of filing, and claims against the real property must be presented within 3 months of first publication or be forever barred.
Available Small-Estate Options
Affidavit for Collection of Small Estate by Distributee
- Limit
- $100,000 or less, less encumbrances, excluding homestead and statutory allowances
- Real Estate
- Allowed
- Timeline
- After 45 days, then clerk and asset-holder timing
- Typical Fee
- $25 + $5 per certified copy
Full Estate Administration
- Limit
- Use when the affidavit path does not fit
- Real Estate
- Allowed
- Timeline
- Varies by county and estate facts
- Typical Fee
- $165 to open ($150 base + $15 technology fee)
Step-by-Step Process
Wait 45 Days After Death
Ark. Code 28-41-101 requires at least 45 days to pass since the date of death before a distributee can file the affidavit.
Confirm the Estate Fits the $100,000 Limit
Total the value of all property the decedent owned at death, subtract encumbrances, and exclude the homestead and any statutory allowances for a surviving spouse or minor children. Confirm the countable value is $100,000 or less.
Check That No Personal Representative Is Pending or Granted
The affidavit path is unavailable if a petition to appoint a personal representative is pending or has already been granted. Confirm no estate administration is open.
Identify the Distributee or Distributees
Identify each person entitled to the property under the will, or under Arkansas intestate succession if there is no will. If more than one distributee shares, name them correctly before anyone signs.
Prepare and Sign the Affidavit Under Oath
Prepare the affidavit (commonly Form 23) with the statements Ark. Code 28-41-101 requires: the death date and 45-day wait, the value test with exclusions, that no personal representative is pending or granted, the property, the people entitled, and the duty to pay debts in order.
File with the Circuit Clerk
File the affidavit with the probate clerk of the circuit court for the county of proper venue. The clerk charges $25 to file plus $5 per certified copy. No court order or appointment is required.
Publish Notice if Real Property Is Involved
If the estate includes real property, cause notice of the death and the affidavit filing to be published within 30 days of filing. Claims against the real property must be presented within 3 months of first publication or be barred.
Collect, Pay Debts, and Distribute
Present a certified copy of the filed affidavit to each bank, transfer agent, or holder to collect the property. Pay valid debts in the order the law sets, then distribute what remains to the people entitled.
FAQ: Arkansas Small Estate Affidavit
Does Arkansas have a small estate affidavit?
Yes. Arkansas uses the affidavit for collection of small estate by distributee under Ark. Code 28-41-101, commonly prepared on Form 23. A distributee files it with the circuit clerk to collect property without the court appointing a personal representative.
What is the Arkansas small estate limit?
The limit is $100,000, measured as the value of all property the decedent owned at death, less encumbrances, but excluding the homestead and the statutory allowances for a surviving spouse or minor children. It is a fixed statutory amount, not indexed and not banded by date of death.
How long do I have to wait before filing?
At least 45 days must pass after the date of death before the affidavit can be filed. The path is also unavailable if a personal representative petition is pending or has been granted.
What does an Arkansas small estate affidavit cost to file?
The circuit clerk charges $25 to file the affidavit plus $5 for each certified copy. No court order or other proceeding is required, and Arkansas imposes no estate or inheritance tax.
Can an Arkansas small estate affidavit include real property?
Yes. A small estate can include real property, but that triggers an extra step: the distributee must publish notice of the death and the affidavit filing within 30 days of filing. Claims against the real property must be presented within 3 months of first publication or be forever barred.
Where do I file the Arkansas small estate affidavit?
File with the probate clerk of the circuit court for the county of proper venue. Arkansas has no separate probate court; probate runs through the Probate Division of the Circuit Court.
At a Glance
- Threshold
- $100,000
- Waiting Period
- 45 days after death
- Court Filing Fee
- $25 to file, plus $5 per certified copy
- Attorney Required
- No statewide attorney requirement; counsel may be needed for disputes, debts, or real property
- Real Estate
- Allowed in limited circumstances
The cap looks at the value of all property the decedent owned at death, less encumbrances, but excludes the homestead and the statutory allowances for a surviving spouse or minor children. It is a fixed statutory dollar amount, not indexed and not banded by date of death.
A small estate can include real property in Arkansas, but that triggers an extra step. The distributee must publish notice of the death and the affidavit filing within 30 days of filing, and claims against the real property must be presented within 3 months of first publication or be forever barred.
County Note: File with the probate clerk of the circuit court for the county of proper venue. Arkansas has no separate probate court; probate runs through the Probate Division of the Circuit Court, and circuit clerk packets and copy practices can differ. Verify before filing.
Sources and Verification
Ark. Code 28-41-101, Collection of small estates by distributee
Arkansas Code, Title 28 (via Justia). Accessed June 15, 2026.
Court Forms
Arkansas Judiciary. Accessed June 15, 2026.
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Information current as of May 31, 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.