Arkansas · probate and estate law
Probate in Arkansas: do you need a lawyer, and what it costs
Arkansas law decides whether an estate needs probate and what a lawyer may charge. Every fact links to its statute, with the date we read it. Not legal advice.
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Firms are listed by name with what they publish and what the bar roster says about them; you contact them yourself. A firm can never pay to move up a list.
Do I need a lawyer?
- Small-estate limit
- Estates under $100,000 can use a simpler process instead of full probate. In Arkansas this usually starts with a signed affidavit.
- Formal probate
- Required above $100,000. Independent administration: not recorded. Uniform Probate Code: not recorded.
- Source
- Ark. Code Ann. §28-41-101 (small estate affidavit ≤ $100,000 excluding the homestead, after 45 days) statute → · checked Oct 5, 2026
Settling an estate in Arkansas
What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.
- Filing the original will
In Arkansas, whoever holds the original will must deliver it after the death to the probate court handling the estate or to the executor named in it. The law sets no day count for that handover, but a will generally cannot be admitted to probate more than five years after the death.
- Which court handles probate
In Arkansas, probate is handled by the circuit court (probate division) in the county where the person who died lived. If they lived out of state, it goes to the county holding most of their Arkansas property by value.
- Creditors' deadline to make claims
In Arkansas, once letters are granted the executor or administrator must publish a notice of appointment, and creditors have six months from the first publication to present their claims. Known creditors must be sent a copy within a month of publication. If no estate is opened and no notice published, claims are barred five years after the death.
- Estate inventory
In Arkansas, the executor or administrator must file a sworn inventory of everything the person who died owned, with values as of the date of death, with the court within two months after qualifying, unless the court sets another time. The heirs and beneficiaries can waive it in writing, but anyone with a claim can still demand one.
- The order estate debts are paid
In Arkansas, if the estate can't pay every bill, claims are paid in a set order: the costs of running the estate first, then reasonable funeral costs, last-illness medical bills and wages owed to employees, then state tax debts, and finally all other allowed claims.
- State estate and inheritance tax
Arkansas has no estate tax for deaths on or after January 1, 2005, and no inheritance tax. Only the federal estate tax can apply, and only to very large estates.
- Closing an estate
In Arkansas, the executor or administrator closes the estate by filing a final account and asking the court for an order of final distribution. The hearing is at least 60 days after filing unless everyone waives it. Once the court sees receipts or other proof that the property was handed out, it discharges the executor or administrator.
What a probate lawyer may charge in Arkansas
Some states set the fee by statute, as a percentage of the estate. Others say "reasonable compensation", and you agree it with the firm.
No statutory fee schedule is recorded for Arkansas yet. Either the state leaves fees to "reasonable compensation", or we have not read the statute.
The estate letter · Arkansas
Settling an estate in Arkansas, one month at a time
Twelve months of steps with Arkansas's own numbers and deadlines. Read the checklist now, or sign up there for one email a month.
Get the estate letter- Month 1The first things to gather
- Month 2Work out what the estate is
- Month 3Get the authority to act
- 9 more months
Compare more
Estate checklist for Arkansas
What the executor does, month by month, with Arkansas's numbers and deadlines.
Funeral and cremation law in Arkansas
2 checked facts: who decides, waiting periods, permits.
Before probate
Look a lawyer up yourself
Every attorney we name is checked against the Arkansas bar roster. You can too: attorneyinfo.aoc.arkansas.gov →