Arkansas Small Estate Affidavit Explained

Arkansas’s small estate affidavit is genuinely more generous than most states’, primarily because of what it excludes from the calculation.

What is the threshold, exactly?

Under Arkansas Code § 28-41-101, the estate’s total value must be $100,000 or less less encumbrances (the sources we read say encumbrances, not all debts) - but critically, this figure excludes the homestead exemption and statutory spouse or child allowances. This means the family home and certain protected amounts for a surviving spouse or minor children don’t count against the threshold at all.

How long must you wait, and what does it cost?

At least 45 days must have passed since the death before filing. The process can cost as little as $25 in court fees, plus a small per-copy charge for certified copies. That figure comes from secondary sources, including county-by-county guides, not from the statute, so confirm it with the circuit clerk; publication costs for real estate are extra.

Does this cover real estate?

Yes, unlike states that exclude real estate from their small estate process entirely, Arkansas allows real property to be included - but with additional publication and creditor notification requirements that make the process stricter than many people expect going in.

What are the real consequences of a false affidavit?

Because the affidavit is a sworn statement, deliberately misrepresenting facts - overstating who qualifies as a distributee, or understating the estate’s value to squeeze under the $100,000 threshold - exposes the person filing to both civil and criminal consequences. This isn’t just a formality.

What should I do next?

Confirm the estate’s value after properly excluding the homestead and statutory allowances, since that’s what makes this threshold genuinely generous. If real property is involved, plan for the extra publication step, and be accurate on the affidavit itself, given the real penalties for misstatement.

Is publishing a notice required when real estate is included?

Sources differ on the wording. The Arkansas courts’ own Form 23 note says that if the estate contains real property, the distributee, to allow for presentation of claims, may publish a notice promptly after the affidavit is filed. Nolo and SimplyTrust, summarizing the statute, say the distributee must publish a notice of the death and the filing within 30 days, with claims against the real property barred three months after first publication. We did not read the statute’s subsection, so ask the circuit clerk, because publication affects when claims against the real estate are cut off.

Add this to your Final Day Plan: a rough estimate of your non-homestead assets - it’s the more accurate figure your family needs to check against Arkansas’s $100,000 threshold.

Arkansas law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Arkansas-licensed attorney for guidance specific to your situation.