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    Arkansas guide

    What to do when someone dies in Arkansas

    Arkansas still uses dower and curtesy rights, an older legal concept that gives the surviving spouse a claim to one-third of the deceased's real property. Most states have moved away from this language, but Arkansas hasn't, and it affects how estate assets are distributed.

    Content updated: July 2026

    What's unique in Arkansas

    State-specific rules that affect how an estate is handled here.

    Dower and curtesy rights

    Arkansas is one of the few states that still uses dower and curtesy language. The surviving spouse has a right to one-third of any real property the deceased owned during the marriage, regardless of what the will says.

    Circuit Court probate

    Arkansas probate runs through Circuit Court in the county where the deceased lived. A small estate affidavit may be available for personal property estates under $100,000 with no real estate.

    Homestead rights

    The surviving spouse and dependent children have homestead rights in Arkansas that can protect the family home from creditors and affect how the property is transferred.

    State income tax return required

    Arkansas has its own income tax. A final state return must be filed for the year of death. If the deceased was a ATRS or APERS member, survivor benefits need to be claimed separately.

    A glimpse at what Order covers in Arkansas

    These are just a few of the Arkansas-specific tasks Order surfaces automatically when you select your state.

    File for Arkansas probate in Circuit CourtLegal & Estate

    Small estate affidavit for personal property under $100,000 with no real estate — even a small parcel of land disqualifies the estate and requires full Circuit Court probate.

    Review Arkansas dower and curtesy rightsLegal & Estate

    Surviving spouse has rights to one-third of any real property the deceased owned during the marriage — this applies even if the will says otherwise, and can reach back to property sold before death.

    Review Arkansas homestead rightsLegal & Estate

    The family home may be protected from certain creditors under Arkansas homestead law — creditors generally cannot force a sale without the surviving spouse's consent.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Arkansas

    Arkansas CourtsFile probate in Circuit Court and obtain letters testamentaryArkansas Dept. of Finance & AdministrationFile the final state income tax return and handle vehicle transfer filingsArkansas Motor Vehicle OfficeTransfer vehicle titles out of the estate to heirsArkansas Teacher Retirement System (ATRS)Notify the pension and apply for any survivor benefit for teachersArkansas Dept. of Veterans AffairsApply for the surviving spouse property tax exemption and burial eligibility at Arkansas State Veterans Cemeteries in Fayetteville, North Little Rock, or Birdeye

    What families commonly miss in Arkansas

    • Families are often surprised to learn that Arkansas's dower and curtesy rights can reach back to real property sold years before death — if a deed wasn't properly executed during the marriage, the surviving spouse may still have a claim that complicates what looks like a clean title.
    • Many Arkansas families assume the small estate affidavit will handle everything — but even a small parcel of land disqualifies the estate from the affidavit process entirely, requiring full Circuit Court probate regardless of how modest the total estate is.
    • Executors who try to sell the family home to pay creditors sometimes find they can't — Arkansas homestead protection blocks the sale without the surviving spouse's consent, a complication that can delay asset distribution in ways nobody anticipated.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Arkansas.

    Military families in Arkansas

    Arkansas has additional veteran & survivor benefits

    • Apply for Arkansas property tax exemption (surviving spouse of disabled veteran)
    • Contact Arkansas State Veterans Cemetery

    Arkansas-specific

    Start these Arkansas-specific tasks in Order

    These tasks appear automatically in your checklist when you select Arkansas as your state.

    File for Arkansas probate in Circuit Court (Probate Division)Legal & Estate

    File in Circuit Court, Probate Division.

    Review Arkansas dower and curtesy rightsLegal & Estate

    Surviving spouse has statutory rights to one-third of real property

    Transfer vehicle at Arkansas DFALegal & Estate

    Submit title transfer application to Department of Finance and Administration

    Plus dozens more tasks added automatically for Arkansas families.

    Order walks your family through every step, for Arkansas and beyond.

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    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

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