Affidavits of Heirship

Affidavits of Heirship in Arkansas

When someone close to you passes away, the last thing you want to worry about is paperwork.

But when there’s no will in place, questions about “who inherits what” can pop up fast, and the answers aren’t always simple. If you’re trying to figure out how to settle personal property matters without going through a long court process, an affidavit of heirship might be the solution you’ve been looking for.

At Arkansas Legacy Planning, we know how heavy these moments can feel. You’re grieving and sorting through memories. That’s what we are here for—to ease your burden so you can focus on being there for your family.

Understanding the Use of Affidavit of Heirship

Let’s start with the basics: What is an affidavit of heirship, and why would you use one?

If someone passes away in Arkansas without a will (what’s called dying intestate), there’s no document saying who should receive their assets. In some cases, you can avoid formal probate by using an affidavit of heirship. It’s basically a sworn statement that lists who the heirs are, what their relationship to the deceased is, and confirms that there’s no will.

Think of it as a shortcut—especially helpful when the deceased owned real estate (like land or a home), and everyone agrees on who the rightful heirs are. It’s usually signed by two people who knew the deceased but aren’t inheriting anything themselves.

This affidavit can help transfer property titles, clear up ownership questions, and bring some much-needed peace of mind during a stressful time.

However, it’s important to understand that an affidavit of heirship isn’t a one-size-fits-all solution. The usefulness and appropriateness of this document depend on:

The types of assets in the estate
The total value of the estate
The complexity of family relationships
Whether there are any disputes among potential heirs
The requirements of the specific institutions holding the deceased’s assets

At Arkansas Legacy Planning, we take the time to understand your unique situation and help determine if an affidavit of heirship is the right approach for your loved one’s estate.

Filing an Affidavit of Heirship in Arkansas

So how does it actually work? Filing an affidavit of heirship in Arkansas is a fairly straightforward process, but it does require attention to detail.

Here’s a general overview of the filing process:

Prepare the affidavit document: The affidavit must include specific information about the deceased, including their full name, date of death, last known address, and a complete list of legal heirs according to Arkansas state intestacy laws. The intestacy succession follows a specific order that must be accurately reflected in the document.
Gather supporting documentation: You will need the death certificate of the deceased and possibly birth certificates, marriage licenses, or other documents that help establish the family relationships described in the affidavit.
Find a credible witness: Arkansas law requires that the affidavit be signed by a disinterested third party who knew the deceased and is familiar with their family history. This person cannot be an heir or someone who stands to benefit from the estate. They must have personal knowledge of the family relationships and be willing to swear to the accuracy of the information.
Notarize the document: Both the witness and the person filing the affidavit must sign the document in the presence of a notary public, who will authenticate their signatures.
Record the affidavit: For real estate transfers, the affidavit must be recorded in the county where the property is located. This typically involves paying a filing fee to the county clerk or recorder’s office.
Distribute copies: Provide copies of the recorded affidavit to relevant institutions such as banks, the Department of Motor Vehicles, or other entities holding assets of the deceased person.

While the process of filing an affidavit of heirship in Arkansas can seem manageable, the truth is, every detail matters. And in times like these, the last thing you need is added confusion or uncertainty. That’s why so many families turn to Arkansas Legacy Planning. We will help you make sense of the process and ensure everything is handled the right way.

Limitations of an Affidavit of Heirship

Now, as helpful as these affidavits can be, they aren’t a perfect fit for every situation. Understanding what this document can and cannot do will help you make informed decisions about handling your loved one’s estate. Key limitations include:

Not universally accepted: Some institutions, particularly larger banks and investment companies, may refuse to accept an affidavit of heirship and instead require formal probate proceedings or court orders.
Limited protection for creditors: Unlike formal probate, the affidavit process doesn’t include the same protections for creditors of the estate. Under Arkansas law, creditors have specific rights in the probate process that aren’t addressed by an affidavit. This can sometimes lead to complications if creditors later pursue claims against heirs.
Potential title issues: While an affidavit of heirship can establish ownership rights to real property, some title companies may be reluctant to issue title insurance based solely on this document. This could create problems when heirs later attempt to sell the property.
Not appropriate for contested estates: If there’s any disagreement among family members about who the rightful heirs are, an affidavit of heirship is not the right approach. Contested heirship requires court intervention.
Value limitations: Under Arkansas law, simplified procedures like affidavits are typically most appropriate for smaller estates. For larger estates or those with complex assets, formal probate may be unavoidable or even preferable.
No tax clearance: The affidavit process doesn’t include tax clearance procedures that might be necessary for certain estates. This could potentially leave your spouse or other heirs exposed to tax liabilities.

Our attorneys at Arkansas Legacy Planning take these limitations seriously. We will never recommend an affidavit of heirship if we believe it will create more problems than it solves. Sometimes, despite the additional time involved, formal probate is the cleaner, more legally secure option.

Contesting an Affidavit of Heirship

Here’s a tough one: What happens if someone disagrees with what’s in the affidavit?

In Arkansas, affidavits of heirship are only as strong as the facts they’re based on. If someone believes the document is incorrect, they can challenge it.

Under Arkansas law, an Affidavit of Heirship is not a final court judgment. This means it can be challenged even after it has been recorded. Arkansas Code § 28-9-215 provides mechanisms for correcting heirship determinations when errors are discovered.

Grounds for contesting an affidavit may include:

Discovery of a valid will that was previously unknown
Incorrect family relationships listed in the affidavit
Omission of legitimate heirs
Inclusion of individuals who don’t qualify as heirs under Arkansas law
Fraud or misrepresentation in the creation of the affidavit
Lack of mental capacity of the witness who signed the affidavit

The process for contesting generally involves filing a petition with the probate court in the county where the property is located or where the deceased person lived. This initiates a formal legal proceeding to determine the correct heirship.

Not sure if you have grounds to contest an affidavit of heirship? At Arkansas Legacy Planning, we can review the existing affidavit, assess the strength of your claim, and guide you through the legal process of contesting the document if appropriate.

Establishing Heirship of Your Estate

Let’s flip the script for a moment. What if you want to make things easier for your own family someday?

The best way to avoid the need for an affidavit of heirship altogether is to create a comprehensive estate plan while you’re alive and well. By doing so, you can:

Clearly specify who should inherit your property
Potentially avoid probate entirely through tools like trusts
Minimize tax implications for your heirs
Prevent family disputes over your intentions
Protect vulnerable heirs through specialized trust arrangements
Name guardians for minor children

Arkansas recognizes various estate planning tools that can be far more powerful and precise than relying on intestacy laws and affidavits after your passing.

Even if you choose not to create a full estate plan, simply having a valid will dramatically simplifies the process for your loved ones. A will provides clear direction about your wishes and names an executor who has legal authority to manage your affairs without the potential limitations of an affidavit of heirship.

At Arkansas Legacy Planning, we believe in proactive planning. While we’re always ready to help families navigate the process after a loved one has passed, we take special satisfaction in helping our clients create estate plans that spare their families from unnecessary complications during an already difficult time.

When to Seek Professional Help

So when should you put down those online templates and pick up the phone to call an attorney? Here are some real-world situations where professional help isn’t just nice to have—it’s practically essential:

When your family tree looks more like a tangled garden: Blended families, step-children, and adoptions can create genuine confusion about who inherits what under Arkansas law. The family dynamics you assume would be recognized might not align with what state law actually says.
When there’s valuable real estate involved: An improperly prepared affidavit might seem fine today but could create a title nightmare years down the road when someone tries to sell the property.
When the deceased owned a business: Transferring business interests isn’t like handing over a family heirloom. There are operations to maintain, potential partners or employees to consider, and specific legal requirements that go beyond basic heirship rules.
When property spans across state lines: Different states have different rules. What works perfectly in Arkansas might get rejected across the state line, leaving you with a patchwork of partial solutions.
When you sense family tensions brewing: Even in the closest families, inheritance can stir up complicated feelings and old rivalries.
When debt is in the picture: If your loved one had significant debts, you need to understand how those affect the inheritance picture. The last thing you want is for heirs to receive assets only to have creditors come calling later.

At Arkansas Legacy Planning, we start with a conversation, not a sales pitch. Our initial consultations are designed to help you figure out if you need us or not. Sometimes we might just point you toward some resources and send you on your way if your situation is truly straightforward. Other times, we might recommend our full-service support to make sure everything is handled properly from start to finish.

Frequently Asked Questions

Technically, anyone can draft it—but getting it wrong can cause major problems. That’s why many families choose to work with an attorney to make sure everything is accurate, complete, and legally solid.

If there’s no will, Arkansas follows intestacy laws, which spell out who inherits based on family relationships.

Filing fees vary by county but usually fall between $15–$25. On top of this relatively small filing fee, attorney fees can range depending on how complicated the estate is.

It’s just another name for the same thing: an affidavit that outlines who the rightful heirs are when someone dies without a will.

Generally, you will need:

The decedent’s name and date of death
A list of heirs and how they’re related
Two witnesses (not related to the heirs)
Notarized signatures
A trip to the county clerk to get it filed

The specific format and content requirements can vary depending on the county and the type of property involved.

Contact Us Today

Let’s be real—dealing with legal documents after losing someone is the last thing anyone wants to do. At Arkansas Legacy Planning, our goal is simple: make things clearer, easier, and less stressful for you. Let’s talk and figure things out together. Reach out to our law office for a consultation.

Contact Us

Feeling lost or worried about your future? Our team at Arkansas Legacy Planning is here to provide personalized support for all your estate planning needs. Contact us today so we can start working on a clear, tailored strategy designed specifically to safeguard what matters most to you.