Can I Avoid Probate In Arkansas?

Wondering if you can avoid probate in Arkansas? Learn practical steps like using living trusts and beneficiary designations to keep your estate out of court.

PROBATE AND ESTATE PLANNING

Ludwig Law Firm

6/26/20251 min read

Scrabble game with lawyer and probate word
Scrabble game with lawyer and probate word

Probate involves legal paperwork, court appearances, creditor notifications, and waiting periods. It can delay asset distribution for months. Many families prefer to avoid probate to:

  • Maintain privacy (probate records are public)

  • Speed up the transfer of assets

  • Minimize court fees and legal costs

  • Reduce family disputes

Top Ways to Avoid Probate in Arkansas

  1. Create a Revocable Living Trust
    You can place most of your assets—like your home, vehicles, and investments—into a trust while you’re alive. When you pass, your trustee distributes the assets without court involvement.

  2. Use Beneficiary Designations
    Accounts like life insurance, retirement plans, and bank accounts can bypass probate if you list a beneficiary. Be sure these designations are up to date.

  3. Joint Ownership with Right of Survivorship
    For jointly owned property like a house or bank account, the surviving owner automatically takes full ownership.

  4. Small Estate Affidavit
    If the estate is valued under $100,000 and has no unpaid claims, Arkansas allows heirs to use a simplified process.

  5. Transfer-on-Death Deeds
    Arkansas law permits transfer-on-death deeds for real estate, letting you name who gets your property without a will or court.

Talk to a Lawyer—Avoid Common Mistakes

Many people assume a will is enough to avoid probate. It’s not. A will still goes through probate. To truly avoid the court process, you need a layered estate plan—and a knowledgeable legal team to help implement it.

Let Us Help You Plan Ahead

Avoiding probate is possible, but only with proper preparation. At Ludwig Law Firm, we help Arkansas families protect their legacy and stay out of court.

📞 Call 501-868-7500
📧 Email: [email protected]
🌐 Visit: www.ludwiglawfirm.com

Disclaimer: This post is intended for informational purposes only and does not constitute legal advice. Please contact our office to discuss your personal legal needs.