Not every estate needs to go through full probate. For smaller estates, many states — including Arkansas — offer a simplified alternative that can save significant time and expense: the small estate affidavit.

**What it is.** A small estate affidavit is a sworn document that allows an heir or other authorized person to collect and distribute a deceased person’s assets without opening a formal probate case, provided the estate meets certain requirements.

**When it typically applies.** Small estate procedures generally require that the total value of the estate falls below a set dollar threshold, that a certain amount of time has passed since the death, and that there’s no ongoing formal probate proceeding already open for the estate. The specific dollar threshold and waiting period are set by state law and worth confirming for your specific situation, since they can change.

**What it can and can’t do.** A small estate affidavit is well suited to modest estates — a bank account, a vehicle, personal property — without significant real estate or complex assets. It generally isn’t the right tool for estates with real property, contested claims among heirs, or significant outstanding debts that need to be formally resolved.

**Why it’s worth checking before assuming you need full probate.** Families often assume probate is required any time someone dies owning any assets at all, and go through the time and expense of a formal proceeding for an estate that could have qualified for the simplified process. It’s worth having someone review the actual value and nature of the assets before assuming which path applies.

**The bottom line.** If you’re settling a modest estate, ask early whether a small estate affidavit might apply — it could mean resolving things in weeks rather than months, without sacrificing anything the family actually needs from a more formal process.

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Attorney Advertising. This post is for general informational purposes only and is not legal advice. No representation is made that the quality of legal services performed is greater than that of other lawyers. Laws vary by state and change over time — consult an attorney about your specific situation before acting on anything here.