Small Estate Affidavit

Losing someone you care about is hard enough. Figuring out what to do with their bank accounts, car titles, and personal belongings shouldn’t make it harder.

If your loved one passed away without a will or with just a few assets, you might be able to avoid probate altogether using a small estate affidavit.

This process offers a simpler, faster way to handle things without going to court or dealing with drawn-out legal steps. It’s designed for families just like yours—looking for a practical solution that still honors their loved one’s memory.

At Arkansas Legacy Planning, we help families across the state understand if a small estate affidavit is available—and if so, how to use it the right way. We will walk you through the entire process, make sure everything is legally sound, and help you wrap things up with as little hassle as possible.

In most probate cases, when someone passes away, the court appoints a personal representative (also called an executor or administrator) to manage the estate. That person is legally responsible for gathering assets, paying debts, and making sure everything is distributed correctly under the law or according to the will. 

But when it comes to a small estate affidavit, things work a little differently. 

No Formal Appointment

With a small estate affidavit, there’s no court-appointed personal representative. Instead, the person who files the affidavit (called the affiant) takes on many of the same responsibilities, just without the official title or court oversight. 

That means if you’re the one filing the affidavit, you’re essentially acting as the estate’s representative. You’re the person responsible for:

• Making sure the estate qualifies for small estate treatment under Arkansas law
• Collecting and listing all assets accurately, down to the penny
• Identifying and naming all rightful heirs (even the ones you may not be close with)
• Paying off any outstanding debts, taxes, or funeral expenses before distributing property
• Filing the affidavit with the correct probate court and providing supporting documentation
• Distributing the property fairly, lawfully, and according to Arkansas inheritance rules

While there’s no court appointment involved, this is still a legal role—and it comes with serious responsibility. Failing to follow the proper process can result in delays, legal disputes, or even personal liability if assets are distributed incorrectly.

What If There Are Multiple Heirs?

If there’s more than one heir, the affiant’s role becomes even more delicate. You will need to ensure everyone gets their fair share, which often means having open conversations with family members, documenting asset transfers, and sometimes mediating between relatives who don’t quite agree. 

That’s where working with an attorney can really make a difference. At Arkansas Legacy Planning, we help you navigate these tricky situations with professionalism and compassion. We will help ensure all heirs are identified correctly, assets are valued properly, and no one is left out or shortchanged. 

Can More Than One Person File?

In some cases, multiple heirs may choose to file the affidavit together—but that can sometimes lead to confusion or conflict over who’s handling what. It’s usually best for one person to take the lead, with the support and consent of the other heirs. 

Not sure who should file? We can help. Our team at Arkansas Legacy Planning is here to support you and answer your questions. 

After the court accepts your affidavit, what happens next? 

You can use it to legally collect and transfer the deceased person’s property. With your filed Small Estate Affidavit in hand, you can:

• Visit banks to access and distribute funds from accounts
• Head to the Department of Finance and Administration to transfer vehicle titles
• Collect and distribute personal belongings and household items
• Transfer stocks, bonds, and other financial assets
• Collect any final paychecks or benefits that were due to your loved one

One thing to keep in mind: not everything can be transferred using this simplified process. Real estate, in particular, sometimes requires additional steps. And remember, there’s an order to things, as debts typically need to be paid before assets are distributed to heirs. Getting this order wrong could actually leave you personally responsible for unpaid debts.