How to transfer real property after your wife’s death so a child becomes the owner (Arkansas)

Short answer: The exact steps depend on how title was held before your wife’s death. If the property was owned with a right of survivorship, title may pass automatically to the surviving owner(s) and you will usually only need to record proof of death. If your wife owned the property alone, you will usually need a probate transfer (or a statutory small‑estate procedure if eligible) and then a new deed signed by the personal representative or heir. This article explains the common scenarios and typical steps under Arkansas law.

Disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. For help specific to your situation, consult an Arkansas probate or real estate attorney or the local county recorder’s office.

1. First thing to do — identify how the property was titled

Before you do anything else, get a certified copy of the recorded deed from the county recorder (often called the county clerk or county recorder) in the county where the property is located. The deed will show whether the owner(s) were listed as:

Sole ownership (e.g., “Jane Doe, a single person”)
Joint tenants with right of survivorship or tenants in common (look for language like “with right of survivorship”)
Husband and wife with special phrases (spouses can hold title in different ways; exact language matters)

2. Common scenarios and required steps

Scenario A — Property held by your wife and you as joint owners with a right of survivorship

If the deed names both spouses and contains language creating a right of survivorship, the surviving joint owner typically becomes sole owner automatically on the other owner’s death. To put the name of the surviving owner(s) on the public record you will usually:

Obtain one or more certified copies of your wife’s death certificate from the vital records office.
Prepare a short, notarized Affidavit of Death of Joint Tenant or similar document showing the deed reference and that the spouse died. Many Arkansas counties have a form or will accept a standard affidavit prepared by an attorney or title company.
Record the affidavit (and a certified copy of the death certificate if required) in the county Recorder’s office where the deed is recorded. Recording makes the public record reflect the surviving owner as sole owner and helps clear title for resale or refinancing.
Notify the mortgage lender, homeowner’s insurance, and the county tax assessor of the owner change; provide recorded affidavit/death certificate as requested.

Recording requirements and acceptable affidavits vary by county — call or visit the county recorder’s office or a title company for the exact wording they prefer.

Scenario B — Property titled only in your wife’s name (no survivorship)

If the deed lists only your wife, the property does not automatically pass to anyone on death. Transfer to your child will generally occur by one of these routes:

By the terms of your wife’s will (if she had one) and administration of her estate; or
By Arkansas intestate succession (if there was no valid will); or
By a small‑estate or simplified transfer procedure if Arkansas law and the circumstances permit.

Typical steps when probate is required:

Start probate in the county where your wife lived. The probate court issues Letters Testamentary (if there is a will and an executor) or Letters of Administration (if no will and an administrator is needed). These documents authorize the personal representative to act for the estate.
The personal representative (executor/administrator) prepares and signs a new deed (often called a fiduciary deed or executor’s deed) that transfers the property from the estate to the person (your child) who will receive it under the will or under intestate succession.
Obtain the signed deed with the legal description and any required signatures/notarization, then record it in the county recorder’s office where the property is located. Attach the required documents (e.g., a copy of the Letters, affidavit of consideration, or other recorder‑required forms) and pay the recording fee.
Update property tax records and provide a copy of the recorded deed to the new owner and to any mortgage holder or title insurer.

Arkansas probate law controls when Letters are required and how an estate is administered. See Arkansas’s probate statutes and procedures for details (see links below).

Scenario C — Small estate alternatives

Some states have streamlined procedures for small estates or for transferring certain real property without full probate. Arkansas has statutory procedures for certain transfers and affidavits in limited cases — eligibility, required forms, and exact procedures vary by situation and by county. If the estate qualifies, a small‑estate affidavit or similar affidavit may allow the owner or heir to transfer title without full probate, but this is fact‑specific and you should confirm the rules with an attorney or the probate court.

3. Documents you will likely need

Certified copy of the death certificate (multiple copies are often useful).
Original recorded deed(s) showing current title and legal description.
Letters Testamentary or Letters of Administration (if probate is opened).
Affidavit of Death of Joint Tenant (if recording survivorship).
Deed transferring the property (executor’s deed, trustee’s deed, quitclaim deed, or warranty deed depending on situation).
Valid photo ID for person signing at the recorder’s office.
Payment for recording fees and any applicable transfer taxes or documentary stamps (check with county).

4. Where to record

Record deeds and affidavits in the county recorder’s office (or county clerk/recorder depending on the county) where the property is located. The county office can tell you the exact recording fees, any required local forms, and whether additional documentation is needed.

5. Timing and practical tips

Start by obtaining the death certificate and a certified copy of the recorded deed.
If the deed shows survivorship language, contact the county recorder and a title company about the affidavit they accept — that is often the quickest route.
If probate seems necessary, consult the county probate clerk or an Arkansas probate attorney about starting administration and obtaining Letters so a deed can be executed.
If the property has a mortgage, contact the lender early. Lenders often need a copy of the death certificate and may have procedures for how the loan will be handled after a borrower’s death.
Title companies and real estate attorneys can prepare the deed and handle recording for you and will advise on whether a quitclaim, warranty, or executor’s deed is appropriate.

6. Arkansas statute references and resources

Arkansas law governing probate and estate administration is found in the Arkansas Code (Title 28, Probate). For general statutory guidance and to find the exact provisions that apply to your situation, see the Arkansas General Assembly’s website for the Arkansas Code: https://www.arkleg.state.ar.us/.

For local forms, recording rules, and fees, contact the county recorder/recorder’s office where the property is located. For court procedures and probate filings, contact the local probate court or the Arkansas judiciary: https://www.arcourts.gov/.

7. When to get an attorney

Talk to an Arkansas probate or real estate attorney if any of the following apply:

The deed language is unclear about survivorship.
The estate is sizeable, has liens, or there is a mortgage.
There is a will dispute, multiple heirs, or possible creditor claims.
You want to avoid surprises when selling or refinancing the property.

Helpful hints

Get several certified copies of the death certificate right away — many offices will ask for them.
Ask the county recorder what affidavit language they accept for “Affidavit of Death of Joint Tenant.” Using their preferred form speeds recording.
If the property was titled only in your wife’s name, expect probate unless a clear small‑estate transfer option applies.
Keep original recorded deed(s) and any recorded affidavits in a safe place and give copies to the new owner and to the mortgage company as required.
When in doubt, ask a local title company to run a title search and advise on required documents to clear title for your child.
Record the new deed promptly after it is signed — recording protects the new owner against later claims and provides public notice.

If you want, tell me whether the recorded deed names both you and your wife or only your wife, and I can list the most likely next documents and steps tailored to that fact pattern.