Table of Contents
An Affidavit of Heirship in Arkansas is a legal document that allows heirs to transfer real estate ownership when a property owner passes away without a will. Instead of going through a lengthy probate process, this affidavit can be a faster, simpler option. However, if the estate includes multiple types of assets (such as bank accounts and vehicles) and meets certain requirements, a Small Estate Affidavit in Arkansas may be another option to settle the estate more efficiently.
In this guide, we’ll explain how an Affidavit of Heirship works in Arkansas, when you can use it for real estate transfers, and what to do if you plan to sell an inherited house.
What Is an Affidavit of Heirship in Arkansas?
An Affidavit of Heirship establishes legal ownership of a deceased person’s property when no will exists. This document is often used for real estate title transfers, allowing heirs to claim property without going through probate court.
This affidavit is useful when:
- The deceased person did not leave a will
- The estate is small and does not require full probate
- The property is not in dispute between heirs
- All heirs agree on who inherits the real estate
👉 Learn more about the probate process in Arkansas.
How an Affidavit of Heirship Helps With Property Transfers
For real estate, an Affidavit of Heirship serves as proof of ownership. Once filed with the county clerk’s office, it helps update property records so heirs can take legal ownership.
However, not all title companies accept this affidavit for selling a home. Some may still require probate or a court order to verify ownership.
When Can You Use an Affidavit of Heirship Instead of Probate?
- The deceased owned real estate in Arkansas
- There is no will, and no formal probate has started
- There are no major debts or liens on the property
- All heirs are in agreement on the transfer
When You May Need Probate Instead
- If heirs disagree over property ownership
- If the estate has unpaid debts or a mortgage
- If a title company refuses the affidavit during a sale
👉 Find out what happens when there is no will.
How to File an Affidavit of Heirship in Arkansas
If you qualify, follow these steps to legally transfer real estate using an Affidavit of Heirship:
1. Gather the Necessary Information
- Full legal name and date of death of the deceased
- Names and contact information of all heirs
- Property details (address, legal description, county)
- Any known debts, liens, or mortgages on the property
2. Find Two Disinterested Witnesses
- Witnesses must have known the deceased for years
- They cannot be heirs or have any financial interest in the estate
3. Complete and Notarize the Affidavit
- You can find Arkansas Affidavit of Heirship forms online or through an attorney
- The affidavit must be notarized to be valid
4. File It With the County Clerk’s Office
- Submit the notarized affidavit in the county where the property is located
- Some counties may charge a small recording fee
5. Verify the Title Update
- Check with the county assessor’s office to ensure the property is updated under the heirs’ names
Can You Sell a House with an Affidavit of Heirship?
Yes, but it depends on the buyer. If you plan to sell, here’s what you need to know.
Selling to a Traditional Buyer
- Many title companies require probate to clear ownership
- The affidavit may not be enough to prove a clean title
- Additional legal steps may delay the closing process
Selling to a Cash Home Buyer
- Cash buyers (like Paranova Buyers) may accept an Affidavit of Heirship without probate
- No need for expensive legal fees or long wait times
- You can sell quickly, even if the title is not fully updated yet
👉 Read our full guide to selling an inherited house.
Common Questions About Affidavit of Heirship in Arkansas
No, it must be filed and recorded with the county to update property records.
It varies by county, but most updates take a few weeks to a few months.
Yes, if another heir or creditor disputes ownership, probate may be required.
No, lenders usually require probate before transferring ownership.
Taxes must be paid before selling or transferring ownership.
Need to Sell an Inherited Property Quickly?
If you have inherited a house in Arkansas and need to sell quickly without probate, Paranova Property Buyers can help. We purchase inherited homes for cash, even if the title is still in transition.
- No repairs
- No realtor fees
- No waiting for probate
Call us today at (501) 314-8710 for a free, no-obligation cash offer.
