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A Small Estate Affidavit in Arkansas allows heirs to transfer inherited property without going through probate, as long as the estate is valued under $100,000. This simplified legal process can help heirs quickly take ownership of a deceased relative’s home, avoiding the lengthy and expensive probate process.
In this guide, we’ll explain how a Small Estate Affidavit works for real estate transfers, when it can be used instead of probate, and whether you can sell a house using this affidavit.
What Is a Small Estate Affidavit in Arkansas?
A Small Estate Affidavit is a legal document that allows heirs to claim assets without opening a probate case or appointing a personal representative. In Arkansas, it is often used to access personal property owned by the decedent, such as bank accounts and vehicles, but in some cases, it may also help transfer real property.
If a deceased relative owned a house but did not leave a will, a Small Estate Affidavit might be an option for transferring ownership. However, some title companies still require probate before allowing a sale.
Who Can Use a Small Estate Affidavit to Transfer Real Estate?
Not all estates qualify for this process. Arkansas law requires that:
- The total estate value is under $100,000 (excluding exempt assets).
- The deceased must have been dead for at least 45 days.
- There is no pending probate case in Arkansas courts.
- All known debts, liens, and funeral expenses are paid.
Before calculating the estate’s value, Arkansas law allows certain deductions for surviving spouses and minor children, such as homestead and statutory allowances.
If there are multiple heirs, everyone must agree on the property’s ownership. Otherwise, the case may require formal probate.
👉 Learn more about what happens if there is no will.
Can You Use a Small Estate Affidavit to Sell a House?
Yes, but a Small Estate Affidavit alone may not be enough for a sale. While it allows heirs to legally claim ownership, title companies and buyers often require additional steps to ensure a clear and marketable title.
Selling to a Traditional Buyer
- Most title companies require probate to verify ownership before issuing title insurance.
- If the deceased had outstanding debts, liens, or title issues, probate may still be necessary.
Selling to a Cash Home Buyer
- Cash buyers still require a clear title before purchasing since they will eventually resell or refinance the property.
- Some cash buyers may be able to help resolve title issues faster, but if title insurance is needed, probate might still be required.
- If the property qualifies for transfer using an Affidavit of Heirship, this may be a better alternative for clearing the title.
If you plan to sell an inherited house with a Small Estate Affidavit, it’s important to confirm with a title company whether probate is required.
👉 Learn more about selling an inherited house.
How to File a Small Estate Affidavit for a House in Arkansas
- Confirm eligibility – Ensure the estate is under $100,000 and there is no active probate case.
- Gather required documents – You will need:
- A certified copy of the death certificate
- A list of all heirs and their relationship to the deceased
- A full inventory of the estate, including real estate and debts
- Complete the Small Estate Affidavit form – Available from the Arkansas probate court.
- Notarize the affidavit – Required before submission.
- File with the county probate court – Must be filed where the deceased lived.
- Update the property title – If transferring real estate, work with the county clerk to ensure the title reflects the new owner.
👉 Learn how an Affidavit of Heirship may be an alternative for real estate.
Small Estate Affidavit vs. Affidavit of Heirship for Real Estate
| Feature | Small Estate Affidavit | Affidavit of Heirship |
|---|---|---|
Used for | All assets, including real estate | Only real estate |
Filed with | Probate court | County clerk |
Probate required? | No, if estate qualifies | No, if title companies accept it |
Best for | Estates with various assets | Homes where heirs need title updates |
If the house is the only major asset, an Affidavit of Heirship may be a better alternative because it is filed directly with the county clerk instead of the probate court.
👉 Read more about Arkansas probate process.
Common Questions About Small Estate Affidavits in Arkansas
Yes, but some buyers may require probate. Cash buyers are often more flexible.
Typically a few weeks, depending on the county.
Taxes must be paid before transferring or selling the home.
Not always, but legal guidance can help avoid mistakes.
Selling an Inherited House With a Small Estate Affidavit
A Small Estate Affidavit can help heirs take ownership of a property, but selling the home may still require additional steps to ensure a clear title.
- If probate is avoided, the sale process may be faster, but title companies will still need to verify ownership.
- Some cash home buyers can work with a Small Estate Affidavit, but a clean title is still required for resale or refinancing.
- If the house has a mortgage, liens, or unpaid property taxes, probate may still be required to clear the title before selling.
- Title companies may request additional legal documents, such as an Affidavit of Heirship or court orders, before approving the sale.
If you’re dealing with title issues, probate delays, or an inherited property you need to sell, Paranova Property Buyers can help you explore your options.
📞 Contact us today at (501) 314-8710 for a free consultation and cash offer.
