Arkansas living trusts & estate documents

Living trust law in Arkansas

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Arkansas, trusts are governed by the Arkansas Trust Code, Ark. Code §28-73-101 et seq..

Avoiding probate in Arkansas

Probate in Arkansas is governed by the Ark. Code Title 28 and handled by the Circuit Court's Probate Division. Probate is in circuit court.

Small estate collection for estates of $100,000 or less (net of encumbrances). That simplified procedure is set out in Ark. Code §28-41-101. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Arkansas homeowners set one up for that reason. Arkansas also authorizes a beneficiary deed (Ark. Code Ann. § 18-12-608) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

In Arkansas, creditors generally have 6 months after the first published notice to creditors to file claims against the estate (Ark. Code § 28-50-101), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Arkansas

Arkansas has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Arkansas

A surviving spouse in Arkansas who is left out of the will can instead claim a dower or curtesy share, one-third of the estate where there are descendants, one-half where there are none under Ark. Code § 28-39-401, a protection the will itself cannot override.

Arkansas also sets aside statutory support allowances of personal property and furnishings for the surviving spouse and minor children (Ark. Code § 28-39-101).

Signing your Arkansas documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Durable Power of Attorney for Health Care (and your Declaration Relating to Use of Life-Sustaining Treatment, when your plan includes one) either before a Notary Public or in the presence of two adult witnesses. The form lists who may not serve as a witness. Follow it exactly.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Arkansas. Follow those as the authoritative guide.

Serving all of Arkansas

Answer the questionnaire from anywhere in Arkansas and download your completed documents in minutes: Little Rock, Fayetteville, Fort Smith, Springdale, Jonesboro, Rogers, North Little Rock, Conway, Bentonville, Pine Bluff, Hot Springs, Benton, and every community in between.