Fill and Sign the Small Estate Affidavit Form Arkansas
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IN THE PROBATE COURT OF ________________________ COUNTY, ARKANSAS
In The Matter of the Estate of
________________________ , Deceased No. ____________
AFFIDAVIT FOR COLLECTION OF SMALL ESTATE
COMES NOW, ______________________________ , and files this Affidavit for
the purpose of dispensing with administration of this estate and would state under oath as
follows:
1. The decedent ________________________ , aged ______ , who resided at
________________________________________________ , Arkansas, passed from this
life on or about the ______ day of __________________ , 20 ______ . No petition for the
appointment of a personal representative for the decedent's estate is pending or has been
granted.
2. More than forty - five (45) days have elapsed since decedent's death.
3. The value, less encumbrances, of all property owned by the decedent at
the time of death, excluding the homestead of and statutory allowances for the benefit of
the surviving spouse or minor children, if any, of the decedent, does not exceed one
hundred thousand dollars ($100,000).
4. There are no unpaid claims or demands against the decedent or the
decedent's estate, and the Department of Human Services furnished no federal or state
benefits to the decedent (or, that if such benefits have been furnished, the Department of
Human Services has been reimbursed in accordance with state and federal laws and
regulations).
5. An itemized description and valuation of the decedent's personal property;
a legal description and valuation of the decedent's real property, including homestead, if
any; and the names and addresses of persons having possession thereof or residing on any
of the decedent's real property, is attached hereto as Petitoner’s exhibit “A”.
6. The names, ages, relationships to the decedent and residence addresses of
the persons entitled to receive the property of the decedent as surviving spouse, heirs or
devisees of decedent's will are:
- 1 -
Name Age Relationship Residence Address
THEREFORE, PREMISES CONSIDERED, the distributee[s] of this estate shall
be entitled to distribution of the property identified above, without the necessity of an
order of the court or other proceeding, upon furnishing a copy of this Affidavit, certified
by the clerk, to any person owing any money, having custody of any property, or acting
as registrar or transfer agent of any evidence of interest, indebtedness, property or right
of the decedent.
This the _______ day of __________________ , 20 _______ .
________________________________
Affiant
- 2 -
STATE OF ARKANSAS
COUNTY OF ________________________
Subscribed and sworn to before me on ________________________ [date].
______________________________
[Signature]
________________________
[Official Title]
My commission expires: ________________________
CERTIFICATE OF CLERK
The undersigned Clerk of the Probate Court of ________________________
County, Arkansas, certifies that this is a true copy of an affidavit filed in this court on
[date], that the affidavit remains on file and that no petition for the appointment of a
personal representative of this estate has been filed in this court.
Date: __________________ , _______ .
__________________________, Clerk.
By: __________________ , Deputy Clerk.
(Seal)
- 3 -
Reporter's Notes to Form 23: See Ark. Code Ann. § 28 - 41 - 101. The language
in parentheses in Paragraph 4 should be substituted for the language immediately
preceding it if the Department of Human Services furnished benefits to the decedent. An
affidavit by the distributee is required by Ark. Code Ann. § 28 - 41 - 101(a)(4). If an estate
collected pursuant to this affidavit contains real property, the distributee, to allow for
presentation of claims against the estate, may publish a notice promptly after the affidavit
has been filed. Ark. Code Ann. § 28 - 41 - 101(b)(2).
- 4 -
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FAQs
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A small estate affidavit in Arkansas is a legal document that allows heirs to claim assets from a deceased person's estate without going through the formal probate process. This affidavit simplifies the transfer of property and can be used when the total value of the estate is below a certain threshold. Understanding this process is crucial for heirs looking to access their inheritance efficiently.
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