Arkansas Statewide Probate Guide

Losing someone is difficult enough without a confusing court process on top of it. This guide covers what’s consistent across all of Arkansas – thresholds, timelines, and costs. For your specific county’s Circuit Court address and local filing details, see that county’s page.

Where Probate Happens

Arkansas probate is filed in the Circuit Court (Probate Division) of the county where the deceased lived. Unlike many states, Arkansas has not adopted the Uniform Probate Code – it maintains its own statutory framework, so some terms and procedures differ from UPC states.

Step 1: Does The Estate Qualify As A Small Estate?

Arkansas has one of the most generous small-estate thresholds in the country.

Small Estate Affidavit (Ark. Code § 28-41-101)

Total value of the estate, after subtracting debts and excluding the homestead and any statutory allowances for a surviving spouse or minor children, must be $100,000 or less.
Unlike many states, this can include real property – not just bank accounts and personal belongings – as long as the total stays under the threshold.
At least 45 days must have passed since the death.
The person filing must be a “distributee” – someone entitled to receive property under the will or under Arkansas’s intestacy law if there’s no will.
The affidavit is a sworn statement listing the estate’s value and assets and identifying the rightful heirs; once filed, certified copies are given to banks, employers, and other institutions holding the deceased’s property, along with a certified death certificate, to release the assets.
Because the homestead and spousal/minor-child allowances are excluded before the $100,000 cap is applied, the effective threshold for many families is higher than it looks at first glance.
Total cost for this route can be as little as $25 in court fees, though the rules around publication, creditor claims, and real property transfer are stricter than the low cost might suggest.

STEP 2: FORMAL PROBATE (for estates over $100,000 or with complications) Arkansas offers a few different administration paths depending on the will and the heirs’ agreement:

Independent Administration – the personal representative acts with minimal court oversight at each step, available when the will authorizes it or all heirs agree. This is the most streamlined formal option.
Supervised Administration – full court-supervised proceedings, typically used for contested estates or when closer judicial oversight is needed.
Administration with Will Annexed – used when a will exists but doesn’t name an executor, or the named executor can’t serve.

In any of these paths: the executor publishes a creditor notice in a local newspaper and directly notifies known creditors, opening a 6-month creditor claim period from first publication. After debts are paid, the executor files a final settlement with the court and distributes the estate.

Death Certificates

The Circuit Court (Probate Division) requires at least one certified copy of the death certificate to file the petition, and banks, insurance companies, and government agencies will each want their own copy – ordering 10-15 certified copies up front is a common recommendation to avoid repeat trips.

Timeline

Small estate affidavits can move as quickly as 45 days after death. Full probate in Arkansas typically takes 6-18 months, driven mainly by the 6-month creditor claim period and the complexity of the estate.

Costs

Arkansas executors are entitled to reasonable compensation – there’s no fixed statutory rate, but courts typically look to 2-5% of the estate’s value as a baseline, depending on complexity. All compensation comes from estate funds and is subject to court review at final settlement.

Taxes

Arkansas has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per person for 2026, far above the $100,000 small-estate threshold, so federal estate tax essentially never comes into play for estates using the simplified process.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Circuit Court address, phone number, and local filing details, visit that county’s page.