Arkansas Small Estate Affidavit | Affidavit of Heirship
In many cases, a person’s estate goes into probate court for proper distribution to their heirs, especially if the deceased does not have a will. However, probate court can be a difficult experience for grieving family members, who may wish their loved one’s property and finances to remain a family interest. Many states, including Arkansas, passed small estate and heirship affidavit laws to protect these estates and their heirs from going automatically through probate court – heirs can petition for affidavits if the estate is small enough and there are no debts remaining.
Affidavit of Heirship: In Arkansas, the Affidavit of Heirship only applies to decedents’ estates when they leave no will. If there is a will of any sort, any undistributed property will go to probate court.
Small Estate Affidavit: When a person living in Arkansas dies with no will, and their real estate values less than $100,000, the family may apply for a Small Estate Affidavit to avoid probate court.