Arkansas Small Estate Affidavit Form

When a person dies in the United States, the potential heirs fill out a legal form called a “small estate affidavit.” The Arkansas small estate affidavit form is applicable whether or not the deceased left a will.

Typically, this document lists the properties of the dead person and the names of heirs. There are limits to creating a small estate affidavit form. If the properties’ value is more than a certain amount, this form cannot be filed. The sum depends on the state; each state has its regulations tied to a small estate affidavit.

Besides the deceased person’s property, a small estate affidavit also lists their pending debts and other expenses.

Arkansas small estate affidavit official form

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A small estate affidavit contains the following information:

  • Details of the deceased person (the name, age, and other information)
  • Details of the heir (or heirs)
  • Description of properties and debts

And other items.

Arkansas Laws and Requirements

As we have mentioned above, laws and requirements for completing such a form differ from state to state. In Arkansas, rules for creating this document are described in the “Collection of small estates by distributee” section, or Section 28-41-101.

As stated by law, the Arkansas small estate affidavit form may be signed if the property item’s value does not exceed 100,000 US dollars. When someone dies, their heirs may file this legal form only after 45 days have passed since the date of death.

Sometimes, legal forms in the US require witnessing or notarizing. When completing a small estate affidavit form in Arkansas, you should obtain the local probate court clerk’s signature.

Arkansas Small Estate Affidavit Laws Details

Max. Estate $100,000
Min. Time to Wait After Death 45 days
Filing Fee $25 for filing and $5 for each certified copy
State Laws Arkansas Annotated Code, Sections 28-41-101 to 28-41-104
seal of arkansas state
Other Arkansas Forms
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Filling Out the Arkansas Small Estate Affidavit Form

Here is a comprehensive guide to help you with the creation of this form.

  • Download the Template of a Small Estate Affidavit Form

Usually, there is no unified template for a legal form, and American states suggest their templates. To get the correct template of the Arkansas document, use our form-building software: downloading will be quick and easy.

Pay attention to the file you pick because such a form for vehicles also exists. However, we are going to describe the general one.

  • Enter the Heirs’ Names

The template of a small estate affidavit in Arkansas requires you to write the name(s) of the heir(s) in the first sentence of the document. Include the full names in the blank lines.
Heirs names indication section of Arkansas small estate affidavit template

  • Add the Deceased Details

After describing the heirs to the properties, add the details of the deceased. Write their name, age, address, and the exact date they died.
Deceased details adding part of small estate affidavit form for Arkansas

  • Read the Statements

You will see a couple of statements that describe the regulations in Arkansas. For instance, they remind you that you can only submit this form after 45 days have elapsed from the person’s death.

You should read all statements carefully and accept them by placing your initials.

  • Describe the Properties

You should name the properties that the deceased left. Remember to include the cost of the listed items.
Properties description section of a document of small estate affidavit for Arkansas

  • List the Heirs

Here, add the details of heirs who aspire to own the properties. Besides the names, write each heir’s age, address, and the type of relationship between the heir and the deceased.
Heirs listing part of Arkansas small estate affidavit form

  • Sign the Small Estate Affidavit Form

All heirs listed must append their signatures and the current date.
Singing part of form of small estate affidavit for Arkansas

  • Ask a Clerk to Verify

Do not forget that Arkansas law a clerk of the local probate court to verify the document.
Clerk verification section of a small estate affidavit for Arkansas

Published: Jun 1, 2022