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Ark. Code Ann. § 28-41-101 · checked 2026-10-20
Arkansas small estate affidavit limit
In Arkansas the small estate affidavit filed with the probate clerk is available when the value of the decedent's property, less encumbrances, excluding the homestead and statutory allowances for a spouse or minor children is $100,000 or less, and it can be used 45 days after the death. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $100,000
- 2Waiting period 45 days
- 3Filed with Court
- 4Statute Ark. Code Ann. § 28-41-101
What Ark. Code Ann. § 28-41-101 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed one hundred thousand dollars ($100,000)”
That test is applied to the value of the decedent's property, less encumbrances, excluding the homestead and statutory allowances for a spouse or minor children. Real property can pass under the affidavit; when it does, the distributee must publish notice within 30 days after filing, and creditors then have three months from first publication. The Arkansas Legislature's list of code sections amended in the 2025 regular session (checked 2026-10-21) shows no change to § 28-41-101; the official code text itself is hosted on a platform that could not be read.
Source: Ark. Code Ann. § 28-41-101 (text read from the FindLaw copy, current as of 2024-03-28; check the legislature's own text before relying on it). Last checked 2026-10-20.
Worked examples against the $100,000 limit
| Estate value | Result under Ark. Code Ann. § 28-41-101 |
|---|---|
| $60,000 | Within the limit |
| $100,000 | Within the limit |
| $101,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the decedent's property, less encumbrances, excluding the homestead and statutory allowances for a spouse or minor children — not everything the person owned. Arkansas's figure is $37,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 7th from the top, level with Hawaii, Idaho, Indiana, Montana.
When the route opens
The statute requires 45 days to pass after the death. For a death on January 15, 2026, the earliest date is March 1, 2026. 1 of the 31 jurisdictions with a written wait make people wait longer and 28 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 6 months counted from first publication of notice to creditors (Ark. Code Ann. § 28-50-101(a)(1)). The Arkansas probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. The statute sets a $25 clerk's fee for filing the affidavit.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit filed with the probate clerk and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby West South Central jurisdictions
Louisiana: $200,000; Oklahoma: $50,000 after 10 days; Texas: $75,000 after 30 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Arkansas probate court or its self-help center before filing.