In many cases, a person’s estate goes into probate court for proper distribution to their heirs, especially if the deceased does not have a will. However, probate court can be a difficult experience for grieving family members, who may wish their loved one’s property and finances to remain a family interest. Many states, including Arkansas, passed small estate and heirship affidavit laws to protect these estates and their heirs from going automatically through probate court – heirs can petition for affidavits if the estate is small enough and there are no debts remaining.
Affidavit of Heirship: In Arkansas, the Affidavit of Heirship only applies to decedents’ estates when they leave no will. If there is a will of any sort, any undistributed property will go to probate court.
Small Estate Affidavit: When a person living in Arkansas dies with no will, and their real estate values less than $100,000, the family may apply for a Small Estate Affidavit to avoid probate court.
The Arkansas Affidavit of Heirship allows family members to collect real and personal property in the event that a loved one living in Arkansas passes away. It is faster and more private than going through probate court, which helps ease the grief many families feel at their loved one’s death….