How Title Transfer Works in Arkansas
When someone passes away owning real property in Arkansas, transferring ownership isn’t always as straightforward as handing over a deed. The process of transferring property title depends on whether the deceased person left a valid will, the type of property owned, and whether the estate must go through probate court.
In many situations, heirs may seek to use an Affidavit of Heirship to establish their right to the deceased person’s property. However, understanding where this document fits into the process is crucial, especially when it comes to real estate transfers and title ownership.
Can an Affidavit of Heirship Transfer Title in Arkansas?
No, an Affidavit of Heirship does not transfer title in Arkansas. While this legal document can be filed with the county clerk’s office and used as evidence of heirship, it does not automatically transfer ownership of the person’s property.
An affidavit of heirship is essentially a sworn statement used to identify the legal heirs of a person who died intestate (without a valid will). It typically includes family history, details about the deceased individual, and the names of surviving heirs. However, this affidavit is only presumptive evidence—not proof—of property ownership.
For instance, one witness may have known the deceased person for decades, while another only knew them briefly. These varying perspectives can result in conflicting accounts regarding the deceased’s property and rightful heirs. Because of this, the affidavit lacks the authority to transfer real property ownership by itself.
Additional Steps Needed to Secure Title After an Affidavit of Heirship
Even after completing and filing an affidavit, there are still legal and procedural steps required to effectively transfer title and protect the new owner’s interest in the property.
1. Recording the Affidavit
For an affidavit of heirship to be considered valid in Arkansas, it must be filed in the deed records of the county clerk’s office where the real property is located. This filing ensures that the sworn statement becomes part of the public property records.
To meet Arkansas legal requirements, the affidavit must be notarized and signed by at least two disinterested witnesses—individuals who are not heirs or otherwise financially interested in the deceased’s estate.
2. Title Insurance Considerations
Even if an affidavit is properly recorded, title companies are often hesitant to insure a real estate transfer based solely on this document. That’s because the affidavit does not definitively establish ownership records or resolve outstanding debts tied to the deceased’s property.
To satisfy title insurance requirements and remove any cloud on title, additional actions, such as a formal probate process or quiet title action, may be necessary.
3. Quiet Title Action
In many cases, a quiet title lawsuit is the most effective way to formally establish legal ownership when disputes arise or when an affidavit of heirship is the only available documentation.
This court proceeding requests a judge’s ruling to confirm the rightful owner and clear up any questions or challenges related to the property title. Once a quiet title order is issued, it can be recorded in the county records office, giving heirs the ability to transfer real estate with confidence.
Does an Affidavit of Heirship Automatically Transfer Property?
No. Even after it’s filed and recorded, an affidavit of heirship does not automatically update ownership records or grant the new owner full legal title. Without further legal action, the heirs may encounter obstacles when attempting to sell, refinance, or insure the property.
Common Misconceptions About Affidavits of Heirship and Property Ownership
Myth: “It Automatically Transfers Title”
This is one of the most common misunderstandings. Although the affidavit helps establish heirship, it does not satisfy Arkansas title transfer requirements on its own.
Heirship Does Not Equal Ownership
Being named in an affidavit of heirship confirms that you are a legal heir, but heirship alone does not give you legal property ownership or the right to manage the deceased’s estate without further action.
Misconception: “Probate Isn’t Needed”
While the affidavit can help with small estates or personal property such as bank accounts, it is not a substitute for probate court when dealing with complex estates, disputed ownership, or valuable real property.
Consulting an Arkansas Estate Planning Attorney
When navigating Arkansas estate planning or trying to transfer title after someone dies, it’s wise to consult with an experienced elder law attorney.
Ensuring Legal Compliance
An attorney can review the affidavit form to ensure it meets Arkansas legal standards, is properly notarized, and complies with all relevant local laws regarding real property records and asset distribution.
Avoiding Costly Title Issues
Legal advice can help you avoid future problems with title companies, financial institutions, or other family members contesting ownership. It also reduces the risk of costly mistakes in filing or interpreting the affidavit.
Exploring Alternative Title Transfer Methods
In some cases, a beneficiary deed, revocable living trust, or formal probate may be a better option for transferring assets. An attorney can help you determine the best method for securing title ownership and preserving your loved one’s estate.
Bottom Line: An Affidavit of Heirship is a valuable tool, but it does not automatically transfer title in Arkansas. It’s part of the broader estate planning and title transfer process and often needs to be paired with other legal steps, especially when dealing with deceased-owned real estate.
If you’re unsure about your next move after a person dies or you’re dealing with a deceased person’s property, schedule a free consultation with a knowledgeable estate attorney to ensure compliance, protect your rights, and avoid unnecessary delays.
