Arkansas Small Estate Affidavit Form
An Arkansas small estate affidavit is a legal instrument used by the heirs of a recently deceased family member to distribute their possessions. The form replaces the probate process, which can save the successor (the person completing the form) a considerable amount of time and money.
The document may only be used when the decedent did not leave a will, and the estate’s value reflects the definition of a “small estate”, which is an estate with a net value under $100,000. The heirs must also wait at least forty-five (45) days after the decedent has died before they can file the form.
- Statutes: Ch. 41 (§§ 28-41-101 to 28-41-104)
- Required Wait After Death: Forty-five (45) days
- Maximum Estate Value: $100,000
- Signing Requirements: Must be signed by the affiant and the deputy clerk.
- Fees: $25 + $5 for each copy
How to File
- Fill out the Affidavit
- Bring the form to a Local Court for filing. The person doing the filing will need to bring the affidavit, the death certificate, money (cash or check) to cover the fee, and a disclaimer for each heir that doesn’t want to inherit any portion of the decedent’s estate.
- Publish in Paper
- Submit Deed of Distribution