How to submit an affidavit accounting for personal property in a small estate case — AR | Arkansas Probate | FastCounsel
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How to submit an affidavit accounting for personal property in a small estate case — AR

August 8, 2025 5 min read

Detailed Answer

Short answer: In Arkansas, to account for and collect a decedent’s personal property under a small‑estate procedure you generally prepare a sworn affidavit that lists the decedent, identifies the personal property and its value, states your relationship or entitlement, attach a certified copy of the death certificate, have the affidavit notarized, and file or present it to the county circuit court (probate division) or third parties holding the property. The affidavit lets banks, vehicle agencies, and others release personal property without full probate when the estate qualifies as a small estate.

Step‑by‑step process

  1. Confirm the small‑estate route is available. Arkansas has simplified procedures for estates with only personal property (not real estate) or otherwise qualifying small estates. Check whether the decedent’s assets and the type of property qualify for collection by affidavit rather than full probate. If the estate includes real property, complicated claims, or litigation among heirs, the small‑estate affidavit may not be appropriate.
  2. Identify who may file. Typically an heir, surviving spouse, or other person entitled to receive the property may prepare and submit the affidavit. If an executor or administrator has already been appointed, the appointed representative handles distribution.
  3. Gather supporting documents. Common items to include: a certified copy of the death certificate; proof of your identity and relationship to the decedent (e.g., family tree or marriage certificate if applicable); documentation showing the asset and the holder (bank account statements, vehicle title or registration, life insurance policy information); and any beneficiary designations.
  4. Prepare the affidavit contents. A proper affidavit normally contains: the decedent’s full name, date of death, last residence (county), a statement that no personal representative has been appointed (or, if appointed, that their authority allows the transfer), a complete list of personal property to be collected and the estimated values, the names and addresses of persons entitled to distribution, a statement that the value of the property subject to collection is within the limits for the small‑estate procedure, and a sworn statement that the information is true under penalty of perjury. Do not include unnecessary personal identifiers (like full Social Security numbers) in public filings.
  5. Notarize the affidavit. Sign the affidavit in front of a notary public so it becomes a sworn statement. Many courts and third parties will not accept an unsigned or unnotarized affidavit.
  6. File or present the affidavit. Procedures vary by county and the holder of the property. Common next steps are: file the affidavit with the county circuit court (probate/division) in the decedent’s county of residence; present the affidavit and death certificate to banks, the DMV, insurance companies, or other custodians to collect or transfer the property; or request a court endorsement or order if the bank or holder requires it. Check with the local circuit clerk for any required filing fee or local form.
  7. Wait for any required claims period and handle creditor issues. Arkansas law generally recognizes creditor claims against an estate. Some small‑estate collection procedures require that a certain amount of time has passed since death or that the filer represent that no known claims exist. If there are known creditors or potential claims, consult the court clerk or an attorney to confirm that collecting property via affidavit will not expose you to liability for unpaid debts.
  8. Distribute property and keep records. After collecting the property, distribute it according to the affidavit and Arkansas intestacy rules (if there is no will). Keep copies of the affidavit, receipts for collected items, correspondence with banks or agencies, and proof of distribution.

Where to file and where to look for forms

Probate matters in Arkansas are handled by the circuit court (probate division) in the county where the decedent lived. Contact the circuit clerk’s office in that county to ask about local small‑estate affidavit forms, filing procedures, and fees. For general Arkansas statutes and probate code guidance, see the Arkansas General Assembly website (Arkansas Code and legislative resources): https://www.arkleg.state.ar.us/. For local court and procedural information, the Arkansas Judiciary site is helpful: https://www.arcourts.gov/.

Common pitfalls to avoid

  • Assuming all property can be collected by affidavit—real estate usually requires different handling.
  • Filing before confirming the estate meets any statutory value or procedural limits in Arkansas.
  • Failing to notify or account for creditors when required—this can expose the filer to liability.
  • Not using the county’s preferred form or failing to notarize the affidavit.
  • Not keeping careful records of distributions after collection.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws change and procedures vary by county. For advice tailored to your situation, consult a licensed Arkansas attorney or the circuit clerk in the county where the decedent lived.

Helpful Hints

  • Start by calling the county circuit clerk—ask whether the county has a small‑estate affidavit form and whether the clerk needs the affidavit filed or only presented to third parties.
  • Obtain multiple certified death certificates—third parties often require original certified copies.
  • Collect documentation of each asset (bank statements, vehicle title, life insurance beneficiary details) before preparing the affidavit.
  • Keep one complete set of originals and make at least two certified copies of the notarized affidavit for banks, the DMV, and other holders.
  • If the estate has creditors or potential disputes, consider hiring an attorney—collecting by affidavit can expose you to claims if handled incorrectly.
  • If a bank or holder refuses to release property with an affidavit alone, ask whether they require a court order and contact the circuit clerk about obtaining a quick probate appointment or petition.
  • Use plain, clear language in the affidavit. State the values and ownership clearly and attach schedules if the list is long.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.