Arkansas executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

Plain steps that apply wherever the person lived, with the small estate dates for this state. Ticks stay on your screen only.

1. Get several certified copies of the death certificateThe funeral home can usually order them, or the vital records office can. Each bank, insurer and pension plan may ask for its own.
2. Make sure Social Security knowsFuneral homes generally report the death. If not, call 1-800-772-1213 (TTY 1-800-325-0778). A surviving spouse, or some children if there's no spouse, may get a one-time $255 payment.
3. Find the original willLook for the signed original and any codicils (later changes). Keep the original safe and unaltered; make copies for yourself.
4. Keep the house and vehicles safeTell the insurer about the death so coverage stays in place, take photos of what's inside, and redirect the mail.
5. Hold off on paying debts or giving things awayWait until you know which route applies and who has authority. If something can't wait, ask the probate clerk or an attorney.
6. Know that a power of attorney has endedA power of attorney ends when the principal dies; the agent's authority stops there.
7. Write down every asset and debtFor each, record whose name it's in and whether a beneficiary or co-owner is listed; those usually go straight to that person.
8. Check the total against $100,000The official page's small estate figure. Leave out anything the page says isn't counted.
9. Count 45 days from the deathThat's when the official page says the small estate paperwork can be used.
10. Open a simple money logOne line per payment or deposit, with the date, who, how much and the receipt. It makes the final accounting easy.
11. When appointed, get an EIN and open an estate accountPay estate bills from that account only. Form 1041 is due if the estate has more than $600 of gross income in a year (IRS).

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  The estate, not counting the homestead and the statutory allowances for the surviving spouse or minor children, can't be more than $100,000.

  "one hundred thousand dollars ($100,000)"

  Source: Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee, checked November 2026

• Not confirmedReal estate

  Not confirmed — check Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee.

• ConfirmedWaiting period after the death

  45 days. More than 45 days after the death.

  "More than forty-five (45) days have elapsed since decedent's death."

  Source: Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee, checked November 2026

• Not confirmedNotary or oath

  Not confirmed — check Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee.

• ConfirmedWhere the paperwork goes

  Through a court office. The affidavit is filed with the probate court; the clerk certifies a copy, and that certified copy is what banks and others act on.

  "upon furnishing a copy of this Affidavit, certified by the clerk, to any person owing any money"

  Source: Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee, checked November 2026

• ConfirmedOfficial form

  Form 23, Affidavit for Collection of Small Estate by Distributee. The state judiciary's official probate form, with the clerk's certificate on it.

  Source: Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee, checked November 2026

• Not confirmedSimplified court procedure

  Not confirmed — check Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee.

• ConfirmedSurviving spouse

  The homestead and the statutory allowances for the surviving spouse or minor children are left out of the $100,000.

  "the homestead of and statutory allowances for the benefit of the surviving spouse or minor children"

  Source: Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee, checked November 2026

• ConfirmedWorth knowing

  The form has the distributee "state on oath" but no printed notary jurat; ask the probate clerk how it should be sworn.

  Source: Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee, checked November 2026

The will at probate

Signing rules for wills, as they bear on getting the will accepted.

• ConfirmedWitnesses the will needed

  At least two witnesses, per the statute as quoted by the Arkansas Court of Appeals in 2009.

  "the signature of the testator and of at least two (2) witnesses"

  Source: Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary), checked November 2026

• Not confirmedSelf-proving affidavit

  Not confirmed — check Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary).

• Not confirmedIf the will is handwritten

  Not confirmed — check Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary).

• Not confirmedA witness who inherits

  Not confirmed — check Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary).

Documents to gather

• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• The official small estate form: Form 23, Affidavit for Collection of Small Estate by Distributee

Who to notify

Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone. Write once to each, enclose a death certificate copy, and record the reply.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Arkansas Secretary of State, Business and Commercial Services Division. $10 per apostille; $5 per certification (non-Hague countries). Vital records: A certified copy from the Arkansas Department of Health's Vital Records office.

  Source: Arkansas Secretary of State, Business and Commercial Services Division, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Arkansas:

• Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee
• Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary)

Still to confirm

• Real estate: check Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee
• Notary or oath: check Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee
• Simplified court procedure: check Arkansas Judiciary official probate form 23: Affidavit for Collection of Small Estate by Distributee
• Self-proving affidavit: check Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary)
• If the will is handwritten: check Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary)
• A witness who inherits: check Norwood v. Sellers, 2009 Ark. App. 497, quoting Ark. Code 28-25-103 (Arkansas Judiciary)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Estate paperwork help