Arkansas affidavit inheritance 2025

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After you die, your children or other descendants inherit the property outright. In addition, your spouse inherits 1/3 of your personal property outright. (Ark. Code 28-11-301; 28-11-305 (2023).)
Obtain a blank small estate affidavit form. In most cases, you can find it by visiting the probate court website. Note that this should be the court located in the county in which the decedent lived. Most county websites offer a self-help center where the form can be downloaded online.
Typically the person signing the affidavit is a friend of the family. The signature of the person signing the affidavit of heirship must be notarized. List all of the heirs at the time of the decedents death. For example list the spouse and all children.
Filing an Affidavit You must file an Affidavit for Collection of Small Estate with the probate clerk of the circuit court in the county where the deceased last lived. The affidavit can be filed by one or more of the people receiving proceeds from the estate (called distributees).
(i) The value, less encumbrances, of all property owned by the decedent at the time of death does not exceed one hundred thousand dollars ($100,000).
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Probate is the process of determining that a will is valid and then putting its provisions into practice. In Arkansas, probate is only necessary for estates that are worth more than $100,000 and have no debt. For estates valued below that, you can go through a separate small estate process.
The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.

arkansas affidavit of heirship