Detailed answer — overview and step‑by‑step process

Short answer: In Arkansas, real property that is devised by a valid will typically transfers to the beneficiary when the will is admitted to probate and the court issues the necessary probate documents (for example, letters testamentary or a court order). Whether the estate requires a full administration or only a limited probate process depends on the assets, debts, and who is available to serve as executor. Even when the court does not open a full administration, the probate record and an executor’s authority (or a court order) are often needed to clear title and record a deed.

Key concepts you need to know

• Probate: The court process that proves a will is valid and authorizes transfer of the decedent’s assets according to the will.
• Letters testamentary / letters of administration: Court documents that authorize a personal representative (executor or administrator) to act for the estate. If the will names an executor who qualifies, the court issues letters testamentary; if no executor qualifies, the court may appoint an administrator with will annexed.
• Transfer of title: Beneficiaries usually need a certified copy of the court’s probate order and/or letters to show their chain of title to the county recorder. Title companies often require these documents (or a court order) before issuing title insurance or allowing a deed to be recorded.

Typical steps to transfer a house under a will in Arkansas (hypothetical)

Hypothetical facts: Alice dies leaving a signed will that devises her house to her son, Ben. The will names Carol as executor.

1. File the will and petition for probate. Carol (or another interested person) files the original will and a petition to admit the will to probate in the circuit court in the county where Alice lived. The filing asks the court to admit the will and either issue letters testamentary to Carol or otherwise handle the estate.
2. Court review and notice. The court reviews the petition, checks formalities, and usually requires notice to heirs and interested parties. If there are no defects, the court admits the will and issues appropriate documents.
3. Letters testamentary or appointment. If Carol qualifies, the court issues letters testamentary that empower her to act for the estate. If Carol cannot or will not serve, the court may appoint an administrator with will annexed. Those letters are the authority used to collect and distribute estate assets.
4. Transfer of the deed. If the will devises the house outright to Ben, Carol (as executor) can execute a deed conveying the property to Ben. To record that deed, Ben will usually present a certified copy of the court’s order admitting the will and the letters testamentary (or a certified copy of any other court order) to the county recorder.
5. Recordation and title insurance. The county recorder will accept the deed and probate documents for recording if they meet local requirements. A title company will typically want the same documentation and may require additional steps (for example, proof of payment of estate taxes or mortgage payoff) before issuing title insurance.
6. When a full administration is not opened. In some cases the estate is small or the assets and beneficiaries are straightforward, and the court may allow a limited or quicker procedure. However, because real property is involved, most counties and title companies want a formal probate record or court order to clear title. Relying only on an affidavit or informal transfer often creates title defects.

Why probate (or at least a probate record) is usually necessary for real estate

Real property is a titled, recorded asset. Even though equitable ownership may pass by the terms of the will at death, county record offices and title companies require a recorded instrument showing how legal title transferred. A certified court record admitting the will and letters testamentary (or a specific court order) provides the legal proof needed to update public records and remove clouds on title.

Relevant Arkansas law and where to find it

Arkansas regulates wills, probate, and administration under Title 28 of the Arkansas Code (Probate and Administration). For statutes and procedural rules, consult the official Arkansas legislative site and the Arkansas Judiciary:

• Arkansas Code, Title 28 (Probate & Administration): https://www.arkleg.state.ar.us/
• Arkansas Courts — information on circuit and probate court procedures: https://www.arcourts.gov/

These sources explain filing requirements, notice rules, and the court’s authority to appoint a personal representative and issue orders that affect title. County clerk or circuit court probate offices can also explain local filing and recording procedures.

Common complications to watch for

• Missing original will: If the original will cannot be located, someone may need to petition to prove a lost will; this requires additional proof and possibly a hearing.
• Disputed wills or heirs: Contested probates can delay the transfer of title and often require litigation.
• Liens, mortgages, and taxes: Outstanding encumbrances must be paid or otherwise dealt with before clean title passes.
• Executor refuses or cannot serve: The court will appoint an administrator with will annexed; that person has the authority to transfer property under the will.
• Title company requirements: Title companies may require additional documents (affidavits, tax clearances, estate closing statements) beyond the basic probate papers.

Helpful hints — practical checklist for transferring real property under an Arkansas will

• Locate the original will and the decedent’s death certificate before filing anything with the court.
• File the original will and a petition for probate in the circuit court where the decedent lived.
• Ask the court for certified copies of the probate order and for letters testamentary (or letters of administration with will annexed) — these are the documents you will need for the county recorder and title company.
• Contact the county recorder early to confirm their recording requirements and any local forms.
• Talk to the mortgage lender and check for liens. Payoff or release of liens is usually required to obtain marketable title.
• If the estate appears small or you hope to avoid full administration, check with the probate court clerk and a title company about whether any affidavit or simplified procedure applies — but be prepared to open probate if the county requires it for real property transfers.
• Keep clear records: copies of filings, certified orders, deeds, and proof of recorded instruments. These records protect beneficiaries against future claims.
• When in doubt, consult an Arkansas probate attorney before recording any deed. Title problems are often harder and more expensive to fix later.

Important disclaimer: This article explains general principles of Arkansas probate law and common procedures for transferring real property under a will. It is educational only and not legal advice. For advice about a specific situation, consult a licensed Arkansas attorney or the local probate court.