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.
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A small estate affidavit contains the following information:
And other items.
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.
| 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 |
Here is a comprehensive guide to help you with the creation of this 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.
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.
After describing the heirs to the properties, add the details of the deceased. Write their name, age, address, and the exact date they died.
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.
You should name the properties that the deceased left. Remember to include the cost of the listed items.
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.
All heirs listed must append their signatures and the current date.
Do not forget that Arkansas law a clerk of the local probate court to verify the document.
