Arkansas House Without Probate

Transfer-on-death (TOD) and payable-on-death (POD) in Arkansas

Real estate (TOD deed)

Yes · Beneficiary deed

An owner can sign a beneficiary deed (also called a transfer-on-death deed) naming who gets real estate at death. It must be signed before a notary and recorded at the county courthouse before the owner dies, and it can be revoked during the owner's life.

Law: Ark. Code Ann. 18-12-608 (per Legal Aid of Arkansas)

Source: Official page

Does real estate count toward the small estate limit?

Kind of property	How it is treated	Details
Real estate in Arkansas	Counts	Real estate other than the homestead counts, less mortgages, and can be transferred through the affidavit after the notice period. Law: Ark. Code 28-41-101(a)(1)(C), (b)(2)
Main home (primary residence)	Left out	The person's homestead is not counted toward the $100,000, but it must still be described in the affidavit. Law: Ark. Code 28-41-101(a)(1)(C)(ii), (a)(1)(D)(ii)

Surviving spouse in Arkansas

The surviving spouse's and minor children's statutory allowances, and the homestead, are not counted toward the $100,000 small estate limit. The spouse is listed with the other people entitled to the property in the affidavit.

Who inherits with no will in Arkansas

If there is no will, Arkansas inheritance law decides who inherits, starting with the person's children and other descendants, the surviving spouse, parents, and brothers and sisters. The small estate affidavit must list each person entitled to the property and their relationship; the Legal Aid of Arkansas forms are written for simple family situations.

Law: Ark. Code Title 28, Chapter 9; Ark. Code Ann. Title 28, Chapter 9

Source: Official page

Related pages

Free help in Arkansas

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.