Arkansas probate code · checked October 2026
For money and belongings, Arkansas's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. Real property rides inside the same Arkansas procedure: the $100,000 valuation covers the whole estate, house included (homestead and spouse/minor-child allowances are excluded from the count). The affidavit, where one exists, cannot be used until 45 days have passed since the death.
The affidavit limit today: $100,000, judged by the law in force on the date of death.
The paper: Arkansas Judiciary Form 23 - Affidavit for Collection of Small Estate by Distributee.
How it moves: filed with the court — a court paper, not an envelope.
The wait: 45 days after the death before the affidavit can be used.
For a surviving spouse: No higher spouse cap; the decedent's homestead and statutory allowances for a spouse or minor children are EXCLUDED from the $100,000 valuation.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $100,000 | Filed with the court. Form: Arkansas Judiciary Form 23 - Affidavit for Collection of Small Estate by Distributee. |
Vehicles are personal property collectible under the filed affidavit; a clerk-certified copy is furnished to the holder/transfer agent to release or retitle the property.
Affidavit must state there are no unpaid claims or demands against the decedent or estate, and that DHS furnished no benefits or has been reimbursed.
Rules checked October 2026 · Sources: Ark. Code Ann. § 28-41-101; Ark. Code Ann. § 18-12-608 (beneficiary deed). This page reads the published law; it is not legal advice, and the court is the final word.