How Probate Works After a Death in Arkansas

Arkansas’s small estate process is genuinely more generous than many states, largely thanks to a homestead exclusion worth understanding clearly.

Where is probate handled in Arkansas?

Probate is handled through the Circuit Court’s probate division in the county where the deceased lived.

What is the small estate affidavit threshold?

Arkansas Code § 28-41-101 allows a small estate affidavit when the estate’s total value - after subtracting debts and encumbrances, and excluding the homestead exemption and statutory spouse or child allowances - is $100,000 or less. This is meaningfully higher than the national median threshold of around $75,000. See our companion piece explaining this process in more depth.

Why does the homestead exclusion matter so much?

Many families assume that owning a house automatically means a long, complex probate process is unavoidable. In Arkansas, that’s often not the case: the homestead exclusion allows a family to leave the value of the deceased’s primary residence out of the $100,000 calculation entirely - meaning a family could handle the transfer of a home and other assets without full formal probate, as long as everything else stays under the threshold.

Does the small estate process cover real estate at all?

Yes, with additional requirements - estates that include real property have extra publication and creditor notification steps even when using the small estate process, unlike some states that exclude real estate entirely.

Does Arkansas have a state estate or inheritance tax?

No - Arkansas does not impose a state estate tax or inheritance tax - a real advantage for Arkansas families.

What should I do next?

Don’t assume owning a home rules out the simplified process - check whether the estate qualifies once the homestead exemption and spousal/child allowances are properly excluded. If real property is involved, budget extra time for the additional publication and notice steps.

Add this to your Final Day Plan: a rough estimate of your non-homestead assets - it’s the figure most relevant to whether your family can use Arkansas’s generous $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.