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Affidavit of Heirship Arkansas
Inheriting Property in Arkansas Without Probate: Your Affidavit Options
In cases when a person residing in Arkansas did not leave a will and the estate is not quite complex, heirs tend to skip probate. Silver lining Alaska law favours simplified options, at least with regard to real estate and small estates. Arkansas Affidavit of Heirship Form on Real Property and Small Estate Affidavit are the most popular ones. Both have a distinct role and adhere to certain state provisions, providing an affordable solution to most Arkansas families.
Clearing Title to Real Estate: The Role of an Affidavit of Heirship
Arkansas acknowledges that an affidavit of heirship for a house is used in assisting to prove heirs to the real estate of a deceased man in a case where no probate estate exists. This can be especially useful with homes, farmland, or any other property where years have passed since a decedent passed but their name was still listed.
Key conditions for using this affidavit:
The decedent passed on without a will (intestate).
There is no pending probate.
The land has to be sold/transferred or refinanced.
An outsider, not an heir, knows at first hand the family history of the decedent.
Required Information:
The name of the decedent, the date of his or her passing, and the place of residence.
List of all the legal heirs, their relationship, and latest contact records.
Affidavit made by the affiant (the person signing the affidavit) that the affiant is not out of money in the estate.
A property description that is legal.
After doing this, the affidavit of inheritance AR ought to be filed with the county clerk at the place in which the property in question is located. This affidavit under record aids in title clearance and makes the future sale to the legal owner's offspring possible.
Arkansas Code Support: Small Estate Transfers (Ark. Code § 28-41-101)
For estates that include more than just real property—or that involve personal assets like bank accounts, vehicles, or cash—Arkansas law allows the use of a Small Estate Affidavit.
Eligibility under Ark. Code § 28-41-101:
The aggregate value of the estate is 100,000 or less not including exempt property and the homestead.
The date of death is at least 45 days old.
Not any personal representative has been appointed and no probate commenced.
The payment of all funeral and medical and other debt has been done or has been taken into consideration.
This affidavit includes:
Names and Descriptions of all the heirs.
A list of personal property in itemised form together with an estimated value.
Legal description of any real estate which is part of the estate.
Details on the ownership of the assets as to whom they belong like a bank or title office.
Next Steps:
You can file the prepared affidavit with the probate clerk of the county where the decedent resided.
When it comes to the real estate then you too must also provide a caption in some local newspaper within 30 days.
Within 3 months of the notice, claims by the creditors would be entertained.
Once the affidavit is certified heirs can present it to banks or land-title offices to modernise properties.
Choosing the Right Path: When to Use Each Affidavit
Use the Affidavit of Heirship when:
The focus is solely on real property.
No court process has been started.
You need to transfer, sell, or refinance real estate.
Use the Small Estate Affidavit when:
The estate includes a mix of assets, such as cash, cars, and real property.
The total value is within the $100,000 limit.
You're comfortable handling a basic court filing and public notice.
Both tools offer a cost-effective alternative to probate, but they only work when all legal heirs agree and no disputes exist.
Practical Examples in Arkansas
A family in Little Rock discovers that the title of a deceased relative’s home hasn’t been updated. They use an Affidavit of Heirship to record new ownership and prepare the property for sale.
A widow in Fayetteville dies, leaving a car, a modest savings account, and household items. Her adult children file a Small Estate Affidavit after 45 days to collect the remaining assets.
A sibling in Jonesboro finds that their late brother’s farmland is still in his name. With no will or probate, they record an affidavit supported by a disinterested friend who knew the decedent.
Get Your Arkansas Heirship Affidavit Template
On our website, you can download a blank Arkansas Affidavit of Heirship Form and Small Estate Affidavit template. These forms are designed to reach the legal standards of Arkansas and have room to insert notary acknowledgements, heir listings, and county recording information.
Avoid guesswork by using a professionally draughted form designed for compliance and ease of use in your state.
FAQs – Arkansas Affidavit-Based Transfers
Q1. Can I use both affidavits for the same estate?
Yes, it will qualify, and the estate has both real and personal properties. You can use an Affidavit of Heirship on the real property and a Small Estate Affidavit on the rest.
Q2. Where can I get a free blank Affidavit of Heirship Form in Arkansas?
It is free to download at forms.legal to make sure it is adapted to the Arkansas laws and expectations.
Q3. Do I need a lawyer to use these affidavits?
Not necessarily. Most of the families draft and submit these documents without an attorney, yet you can hire an attorney to handle complex estates or legal consultation.
Q4. Can the affidavit be contested?
Yes, as with any legal document, one can always question it when a person disagrees with the listed heirs or facts. It is better to provide correctness and agreement with relatives.
Q5. Do these affidavits eliminate all probate requirements?
They substitute formal probate when all the conditions are complied with. Estates above legal limits or in dispute may still need to be taken through courts.