Updated September 3, 2026. Quick answer: in Arkansas, an estate can use affidavit for collection of small estate by distributee when the qualifying value is $100,000 or less. That route DOES reach real property under the statute we read, within its own limits.
What this guide covers
Whether probate is required in Arkansas turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Arkansas, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Arkansas’s route: affidavit for collection of small estate by distributee, under Ark. Code Ann. § 28-41-101 (text read via the Arkansas Judiciary’s official Form 23).
$100,000, less encumbrances, excluding the homestead and statutory allowances for a surviving spouse or minor children.
The value, less encumbrances, of all property owned by the decedent at the time of death, excluding the homestead of and statutory allowances for the benefit of the surviving spouse or minor children, if any, of the decedent, does not exceed one hundred thousand dollars ($100,000).
(Ark. Code Ann. § 28-41-101 (text read via the Arkansas Judiciary’s official Form 23))
The real-estate problem
What the text says: the route reaches real property.
a legal description and valuation of the decedent’s real property, including homestead, if any
(Ark. Code Ann. § 28-41-101 (text read via the Arkansas Judiciary’s official Form 23))
If a trust fits your situation in Arkansas
In Arkansas the small-estate route can reach real property, but only within the statute’s own limits: above them, a funded revocable living trust avoids the question instead of relying on a limit that can change; LawDepot builds a state-specific one.
Build a living trust at LawDepot
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
What probate costs in Arkansas if it is required
Arkansas’s probate fees and attorney-compensation rules are their own topic, worked through in full on Arkansas probate cost.
The order to work through it
List what Arkansas residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $100,000 or less, affidavit for collection of small estate by distributee is the route to look at. If real property remains in sole name, confirm the real-property rule above applies to what you own.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. Arkansas’s own small-estate mechanics: Arkansas small estate affidavit.
Statutory text read at Arkansas’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.