A deed is the document that shows who owns a piece of property. Most people sign one when they buy a home and never think about it again. That changes when you want to add someone to your home, give it to a family member, or decide who will receive it after you pass away.
Arkansas law offers several ways to do this, and each type of deed works differently. Some transfer ownership right away. Others wait until after your death. Choosing the wrong one can create problems for the very people you are trying to help. This guide explains the most common deeds in plain terms, how to find out what kind of deed you have now, and how a deed is changed.
Many homeowners do not know what kind of deed they have, and that is normal. You can find out in a few ways.
The county assessor's website can also show who is listed as the owner of a property, but it does not show the deed itself. Most home purchases in Arkansas use a warranty deed. If your home came to you through a family member, a divorce, or an estate, you may have a different type.
A quitclaim deed transfers whatever ownership you have in a property to someone else, without any promises about the title. It does not guarantee that you own the property outright or that there are no liens or other claims against it. If a problem turns up later, the new owner takes on that problem.
This is different from a warranty deed, which is what most buyers receive when they purchase a home. A warranty deed promises that the seller owns the property and has the right to sell it, and it gives the buyer protection if a title problem appears.
Families often use quitclaim deeds to add a spouse to a deed, remove a former spouse after a divorce, or give property to an adult child.
What it means for you: A quitclaim deed takes effect as soon as it is signed and recorded. Once you give someone an ownership interest, you cannot take it back on your own. If you add your child to your deed, for example, you would need their signature to sell or refinance the home later.
A life estate deed splits ownership of a home into two parts. You keep the right to live in and use the home for the rest of your life. This is called a life estate. The person you name, called the remainderman, receives the home automatically when you pass away, without going through probate.
The remainderman owns their share from the day the deed is signed and recorded, and the home becomes fully theirs after you pass away.
What it means for you: You can stay in your home for life, and your family avoids probate for that property. However, because the remainderman already owns part of the home, you generally cannot sell it, refinance it, or change who receives it without their signature.
A beneficiary deed is Arkansas's version of what many other states call a transfer on death deed. It lets you name the person who will receive your home when you pass away, while nothing changes during your lifetime.
With a beneficiary deed, you remain the full owner. You can live in the home, sell it, refinance it, or rent it out. You can also cancel the deed or replace it with a new one at any time. The person you name has no ownership rights until after your death.
There is one important rule. A beneficiary deed only works if it is recorded with the county before you pass away. A deed that is signed but left in a drawer does not transfer the property.
What it means for you: Your home can pass to the person you choose without probate, and you keep full control while you are living. The person who receives the home also takes on any mortgage or lien still attached to it.
If you have been reading about estate planning online, you may have seen the term lady bird deed, also called an enhanced life estate deed. It works like a life estate deed but lets the owner keep more control. Some states allow them. Arkansas does not recognize lady bird deeds, so they are not an option for property in Arkansas. For many people, a beneficiary deed offers a similar result.
You do not edit an existing deed. Instead, a new deed is prepared and recorded, and it becomes the latest record of who owns the property. The general steps are:
If you have a mortgage, check with your lender before adding or removing anyone from your deed. A change in ownership can affect your loan, your homeowners insurance, and in some cases your property taxes or eligibility for benefits. Having an attorney prepare or review the deed helps make sure it does what you intend.
The right choice depends on when you want the transfer to happen and how much control you want to keep.
| Quitclaim Deed | Life Estate Deed | Beneficiary Deed | |
|---|---|---|---|
| When ownership changes | Right away | Partly right away, fully at death | Only at death |
| Can you sell or refinance on your own? | No, once you share ownership | No | Yes |
| Can you change your mind? | Not without the new owner | Not without the remainderman | Yes, at any time |
| Avoids probate for the home? | Depends on how title is held | Yes | Yes, if recorded before death |
These are general differences. Medicaid planning, taxes, a mortgage, or a blended family can change which option makes sense, so it is worth talking with an attorney before you sign anything.
Check the papers you received when you bought your home, or search the land records at the circuit clerk's office in the county where the property is located. The deed type is usually printed at the top of the document.
Yes. If the beneficiary deed is recorded with the county before the owner's death, the home passes to the named person without probate.
It depends on the deed. A beneficiary deed can be canceled or replaced at any time while you are living. A quitclaim deed or life estate deed gives someone else an ownership interest right away, so changing it usually requires their signature.
Yes, but it gives your child ownership right away. You would need their signature to sell or refinance, and the home could be affected by their debts or divorce. A beneficiary deed is often a simpler way to leave a home to a child.
No. Arkansas does not recognize lady bird deeds. A beneficiary deed or life estate deed may be an option instead.
Your home is often the most valuable thing you own, and the deed decides what happens to it. A few minutes spent finding out what deed you have now can save your family time, money, and stress later. If you are not sure what happens without a plan, our posts on when probate is required in Arkansas and what happens if you die without a will explain more.
The attorneys at Lovell, Nalley & Nalley help Arkansas families with deeds, real estate matters, and estate planning. If you have questions about your deed, call us at (501) 315-7491 or fill out the online form to set up an initial consultation at no cost to you.
DISCLAIMER: This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Contact our office directly to discuss your specific situation.
Chance Nalley is a partner at Lovell, Nalley & Nalley in Benton, where he represents clients in insurance and injury cases, real estate disputes, and probate matters. He earned his law degree from the William H. Bowen School of Law at the University of Arkansas at Little Rock and was admitted to the Arkansas Bar in 2017.
