Detailed Answer
When a person dies in Arkansas, not every asset must go through court-managed probate. Some assets pass directly to survivors by operation of title or beneficiary designation. Understanding which assets require court administration and which transfer outside probate helps families act quickly and avoid unnecessary expense.
Basic rule
Assets that are held solely in the decedent’s name and that have no designated beneficiary or survivorship mechanism generally must be administered in probate court. Assets owned with survivorship features or that name a beneficiary typically pass outside probate to the surviving owner or beneficiary.
Assets that usually pass directly to survivors (no probate)
- Jointly owned property with right of survivorship. Property titled as joint tenants with right of survivorship or as tenants by the entirety (where available) automatically vests in the surviving co‑owner on the first owner’s death.
- Payable-on-death (POD) and transfer-on-death (TOD) accounts. Bank accounts and brokerage accounts labeled POD/TOD transfer to the named beneficiary when the bank or broker receives proof of death and the beneficiary’s identity.
- Life insurance and retirement accounts. Proceeds of life insurance, IRAs, 401(k)s, and similar plans go to the named beneficiary on the policy or account form, not to the estate (unless the estate is named as beneficiary).
- Assets held in a valid living trust. If the decedent placed assets into a revocable (living) trust, the trustee transfers those trust assets under the trust terms without probate.
- Property that has a transfer-on-death deed (if used). If the decedent properly executed a transfer-on-death deed (TOD deed) under Arkansas law, the named transferee receives title at death outside probate.
Assets that commonly must go through probate (court administration)
- Property titled only in the decedent’s name. Real estate, vehicles, bank and brokerage accounts, and other assets held solely in the deceased person’s name with no beneficiary designation typically become part of the probate estate.
- Personal property without designated recipients. Household items, collectibles, jewelry, and the like that have no named transfer mechanism usually require probate to distribute them according to the will or Arkansas intestacy rules.
- Assets titled in the decedent’s name and payable to the estate. If an account or policy names the estate as beneficiary, proceeds are paid into the probate estate and handled through probate.
Small-estate rules and simplified procedures
Arkansas offers simplified procedures for small estates that let survivors collect certain assets without full probate. The rules and available affidavits depend on the type and value of the estate and the assets being collected. For details and the exact statutory thresholds and procedures, see the Arkansas Code and local probate court information: https://www.arkleg.state.ar.us/ and https://www.arcourts.gov/.
Practical examples (hypothetical)
Example: Jane dies owning a home titled solely in her name worth $150,000, a bank account with a named POD beneficiary, a 401(k) with a named beneficiary, and a small stock account held in a living trust. The home will typically need probate to transfer title (unless a TOD deed or other survivorship title applies). The POD bank account and 401(k) go directly to their named beneficiaries. The stock account in the living trust transfers to the trust’s successor trustee and avoids probate.
Key steps to take when someone dies
- Collect the decedent’s will, account statements, deeds, titles, insurance policies, and trust documents.
- Check all beneficiary designations and account title forms (POD, TOD, named beneficiaries, joint tenancy).
- Notify financial institutions and the social security administration as required.
- If probate appears necessary (estate assets titled only in decedent’s name or estate is beneficiary), contact the local probate court or an attorney to begin administration.
- If the estate seems small or only certain assets are in the estate, ask the court about Arkansas’ small-estate affidavit and summary procedures.
Where to read the law
For statutory language and procedures, review the Arkansas Code concerning estates, probate procedures, and trusts at the Arkansas Legislature site: https://www.arkleg.state.ar.us/. For court forms and local procedures, visit the Arkansas Judiciary site: https://www.arcourts.gov/.
Disclaimer: This article provides general information about Arkansas probate and asset transfer rules and is not legal advice. Laws change and every situation is different. Consult a licensed Arkansas attorney for advice about your specific case.
Helpful Hints
- Start by locating the will, trust documents, deeds, account statements, and beneficiary forms—those documents usually determine whether an asset avoids probate.
- Look for how title is styled: words like “joint tenants with right of survivorship” or “POD/TOD” usually indicate a non-probate transfer.
- Don’t assume a joint account avoids all creditor claims; survivorship affects ownership, but creditors may still have claims against an estate or decedent’s interest.
- Beneficiary forms control retirement accounts and life insurance even if the will says something different—update beneficiaries proactively.
- If you find only small assets in the decedent’s sole name, ask the probate clerk about small-estate affidavits or expedited procedures to avoid full administration.
- When in doubt, consult an Arkansas probate attorney before selling or transferring assets—missteps can create personal liability.
- Keep records of all communications with institutions and copies of documents you submit to courts or banks.