Losing a loved one is hard enough without having to untangle what happens to their property afterward. If you are an heir, a named executor, or just trying to plan your own estate, one question comes up repeatedly: does this actually have to go through probate?

In Arkansas, the answer largely depends on how the asset was owned. Here is a simple breakdown to help you move forward.

What Probate Actually Is

Probate is the court process that transfers a deceased person’s property to their heirs or beneficiaries. It is handled by the Probate Division of the Circuit Court in either the county where the person lived or where they owned the majority of their property. The court confirms the will (if there is one), appoints someone to administer the estate, makes sure creditors and taxes are handled, and distributes what is left.

Not everything a person owned goes through this process, though. Probate only controls assets that are not already set up to transfer at death.

When Probate Is Required

Generally, probate is required in Arkansas when the deceased owned property solely in their own name with no automatic transfer mechanism attached. Common examples include:

• Real estate titled only in the decedent’s name, or held as tenants in common with someone else
• Bank or investment accounts without a payable-on-death (POD) or transfer-on-death (TOD) designation
• Vehicles or other titled property owned solely by the decedent
• Personal property (furniture, jewelry, collections, etc.) that is not otherwise covered

If any of these exist and there is no alternative available (more on that below), someone will typically need to open a probate case, either because a will names an executor who needs legal authority to act, or because there is no will and the court needs to appoint an administrator.

Assets That Do Not Go Through Probate

Many assets bypass probate entirely because they transfer automatically by operation of law or contract. Some examples include:

• Jointly owned property with right of survivorship passes directly to the surviving co-owner
• Property held as tenancy by the entirety, common for married couples, passes to the surviving spouse
• Beneficiary-designated assets such as life insurance policies, retirement accounts (401(k)s, IRAs, and POD (payable upon death)/TOD (transferrable upon death) bank or brokerage accounts) go straight to the named beneficiary
• Assets held in a living trust pass according to the trust terms, not the will

If most of what someone owned falls into these categories, there may be little or nothing left that actually requires a court proceeding.

A Few Practical Notes

• Timeline: Probate administration in Arkansas generally takes roughly 6 to 14 months, largely driven by the 6-month creditor claim period that starts once notice is published. (Arkansas Code Title 28, Wills, Estates, and Fiduciary Relationships)
• Creditors: The executor publishes a notice in a local newspaper and directly notifies known creditors, who then have 6 months from the first publication date to file claims.
• Taxes: Arkansas has no state estate or inheritance tax. Only the federal estate tax could potentially apply, and with a multimillion-dollar exemption threshold, it is irrelevant for the vast majority of estates.

The Bottom Line

Whether probate is “required” in Arkansas really comes down to a simple test: at the time of their death, did the deceased own something, solely in their name, that does not already have a built-in way to pass to someone else?

Every family’s situation can have challenges or unique circumstances to work through including jointly titled real estate, blended families, and disputed wills, so if you are unsure which category your situation falls into, it is worth a consultation with an Arkansas probate attorney or the Circuit Clerk’s office in the relevant county before you decide which route to take.

This article is for general informational purposes and is not a substitute for legal advice. Probate rules and thresholds can change, so confirm current requirements with an Arkansas attorney or your local Circuit Court.

If you have questions about how probate applies to your situation, call Lovell, Nalley & Nalley at (501) 315-7491 to set up an initial consultation at no cost to you.