Updated February 21, 2023
An Arkansas small estate affidavit is used to collect the personal property of a person who died in situations where the person had an estate valued at less than $100,000. It cannot be filed until 45 days have elapsed since the death of the decedent. This allows for a successor in interest to obtain the decedent’s property of a small estate without having to go through a court proceeding.
Laws
- Maximum Amount ($) – $100,000 (A.C.A. § 28-41-101(a)(1)(C))
- Filing Fee – $25 for filing and $5 for each certified copy (A.C.A. § 28-41-101(b)(1)(B))
- Days After Death – Forty-five (45) days (A.C.A. § 28-41-101(a)(1)(B))
- Publishing – Within 30 days after filing, a copy of the small estate affidavit must be published in the local newspaper (A.C.A. § 28-41-101(2)(B)).
- Signing – Must be signed by the Local Probate/Circuit Court Clerk.
- Statutes – Chapter 41 (Distribution without Administration)
How to File (4 steps)
- Step 1 – Complete the Small Estate Affidavit
- Step 2 – File at the Local Court
- Step 3 – Publish in the Local Newspaper
- Step 4 – Submit the Deed of Distribution
Step 1 – Complete the Small Estate Affidavit
Complete the Small Estate Affidavit. After completing, it must be signed by the filing party and the court clerk.
Step 2 – File at the Local Court
Go to the Local Court Clerk’s Office with the following:
- Small Estate Affidavit;
- Death Certificate;
- A filing fee of $35;
- *Disclaimer (*use for each heir that does not want property from the estate);
Step 3 – Publish in the Local Newspaper
Use the Notice of Publication and submit it to a local newspaper that serves the county where the small estate was filed. The publication needs to be at least once a week for a period of two (2) weeks.
Step 4 – Submit the Deed of Distribution
After the notice period has passed the heirs can issue to themselves a Deed of Distribution. This form must be completed and given to any third (3rd) party where ownership of property must be changed to the heir’s name.
Video
How to Write
Download: Adobe PDF, MS Word, OpenDocument
(1) County. The name of the Arkansas County where the Decedent passed away and this paperwork is required should be established at the top of the page.
(2) Decedent. Produce the complete name of the Decedent. This is the individual who has died and whose estate is now being discussed.
(3) Affiant Name(s). Each person submitting this affidavit must be identified. This document allows for up to three Affiants to be identified, however, if there are more than three Affiants then additional space to accommodate the additional Affiant identities should be inserted for this purpose or a well-labeled attachment of the remaining (Signature) Affiants’ names should be furnished. Generally, the Affiant is the signature Party seeking to control the Decedent’s estate however he or she may also be the Legal Representative of the Decedent’s Survivor.
Article 1
(4) Decedent Name And Age. Reproduce the full name of the Decedent whose estate is the focus of this paperwork as well as his or her age at the time of death.
(5) Decedent’s Residence At Time Of Death. The street address (building number, street name/number, unit number) of the Decedent’s home or residence should be produced where requested then followed with a record of the Arkansas County or City where this residence is located.
(6) Decedent’s Time Of Death. Transcribe the Decedent’s officially named time of death from his or her death certificate.
(7) Date Of Death. Produce the calendar date the Decedent’s death certificate lists as the date of death.
Article 5
(8) Property Description. Naturally, the Decedent property being discussed must be formally listed. This should be presented in the first column of the brief table on display. Use this column to also list debts on such property (i.e. mortgage).
(9) Value Without Encumbrances. The value of the Decedent’s property after the debts against it have been subtracted should be dispensed.
(10) Current Property Holder/Owner. The current Possessor of the Decedent’s property should be named. Make sure to correspond the name of the Possessor with the property reported earlier.
Article 6
(11) Survivor Name. Every Survivor of the Decedent who is entitled or can lay a reasonable claim to the Arkansas Decedent’s estate should be identified. For instance, the Decedent’s Spouse or Child would both be able to claim certain entitlements or inheritance.
(12) Survivor Age. The current age of every named Survivor must be reported
(13) Survivor/Decedent Relationship. Discuss the nature of the relationship each Survivor shared with the Arkansas Decedent.
(14) Survivor Address. Furnish the residential address maintained by the Survivor of the Decedent.
Article 7
(15) Date Of Affidavit. This paperwork must be accompanied by a dated signature of the Affiant. To this end, the Affiant must report the current date.
(16) Affiant Signature. The Affiant submitting this paperwork must sign his or her name. If needed an attachment with additional Affiant signatures can be included at the time of signing. Bear in mind, only the Party(ies) named earlier as the Issuer of this paperwork may sign it as a partificipating Affiant.
(17) Affiant Printed Name. The Signature Affiant must print his or her name.
(18) Address And Phone Number. The Affiant is required to produce his or her residential address and phone number
(19) Affiant Contact Details. The telephone number and the email address of the Signature Affiant should be documented.
Certificate Of Clerk
(20) County. The County Clerk serving this action will take possession of this document. He or she will produce the name of the County where this affidavit is filed.
(21) Filing Date. The Country Clerk will supply the filing date to the statement made.
(22) Clerk And Deputy Clerk. The Clerk and Deputy Clerk completing this area will sign their names and provide the necessary seal to prove the notarization of the Affiant act of signing.
(23) Deputy Clerk. In most cases, a Deputy Clerk will aid in the signature verification of this affidavit.
