Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Arkansas law, heirs may collect estate assets using a small estate affidavit if the total value of personal property does not exceed $100,000 and real property interests do not exceed $30,000. See Ark. Code Ann. § 28-41-102.
The small estate affidavit serves as a sworn statement listing the decedent’s assets and identifying heirs under Arkansas intestacy rules. Key requirements appear in § 28-41-103 and § 28-41-104. To prepare the affidavit, gather the following documents:
- Certified death certificate: Obtain a certified copy from the Arkansas Department of Health.
- Small estate affidavit form: Use a court-approved template that includes decedent details, heir statements, and asset descriptions.
- Asset inventory: Provide a detailed list of personal property, bank accounts, and other assets with estimated values (personal property ≤ $100,000; real property interests ≤ $30,000).
- Heir information: List names, addresses, and relationships of all heirs entitled under intestacy laws.
- Proof of heirship: Include documents such as birth or marriage certificates, or a separate affidavit of heirship to verify family relationships.
- Oath and notarization: Sign the affidavit under oath before a notary public and include the notary’s seal and commission expiration date.
- Supporting title documents: For vehicles or real estate, attach certificates of title, deeds, or other proof of ownership.
After assembling these documents, file the affidavit with the circuit court clerk in the decedent’s county of residence. Pay the filing fee required by § 28-41-112. The clerk will issue certified copies of the filed affidavit, which you can present to banks, title companies, or other institutions to transfer assets.
Helpful Hints
- Verify total estate assets to confirm qualification: personal property must be ≤ $100,000 and real property interests ≤ $30,000.
- Order the death certificate early; processing times vary by county.
- Type or clearly print all information to avoid processing delays.
- Keep copies of all filed documents and certified copies of the affidavit.
- If multiple heirs disagree or assets exceed limits, consider formal probate and consult an attorney.