How to Avoid Probate in Arkansas

Posted: January 12, 2026

Probate is the court-supervised process used to transfer assets after someone dies. In Arkansas, the probate process can be slow, expensive, and public, which is why many families work with an Arkansas estate planning attorney to avoid probate whenever possible.

With proper estate planning, it is often possible to avoid probate in Arkansas entirely. Below, we explain Arkansas probate laws and the most effective legal strategies to keep your estate out of court.

Please contact any of our featured attorneys on this page if we can assist you with your estate planning, or submit an inquiry online.

What Is Probate Under Arkansas Law?

Under the Arkansas Probate Code, probate administration is required when assets are titled solely in the deceased person’s name and do not pass automatically to a beneficiary by operation of law.

The Arkansas probate process typically involves:

Filing documents with the probate court
Notifying creditors
Court supervision of asset distribution
Payment of court costs and attorney’s fees

Even straightforward estates often take six months to a year or more to complete.

Why Families Seek to Avoid Probate in Arkansas

Many families in Little Rock and across Arkansas want to avoid probate because it can:

Delay access to inherited property
Increase legal and court costs
Create stress for surviving family members
Make personal financial information public

Avoiding probate does not eliminate valid debts—it simply allows assets to pass more efficiently and privately.

Legal Ways to Avoid Probate in Arkansas

Create a Revocable Living Trust in Arkansas

A revocable living trust is one of the most effective tools to avoid probate in Arkansas.

When assets are properly transferred into a living trust:

The trust owns the assets
Assets pass directly to beneficiaries at death
Probate court involvement is avoided

A living trust can hold:

Real estate
Bank and investment accounts
Business interests
Several other classes of assets

Use Beneficiary Designations Correctly

Certain assets pass automatically outside of probate under Arkansas law, including:

Life insurance policies
IRAs and 401(k)s
Annuities

Outdated or incorrect beneficiary designations are one of the most common estate planning mistakes. An Arkansas estate planning lawyer can ensure these designations align with your overall plan.

Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts

Arkansas allows POD and TOD designations for many assets, such as:

Bank accounts
Investment accounts
Some vehicle titles

These designations allow assets to transfer automatically, avoiding probate in Arkansas.

Joint Ownership of Property

Some property can be owned as "joint tenants" or as "tenants by the entirety" which provides the surviving owner with rights of survivorship as to the ownership of the property. Joint ownership may avoid probate, but it can also:

Potentially expose assets to another person’s creditors
Cause unintended inheritance issues
Create tax or gift complications

This strategy should only be used after consulting a probate or estate planning attorney.

Does a Will Avoid Probate in Arkansas?

No. A will does not avoid probate in Arkansas.

A will controls how assets are distributed through probate but does not eliminate the court process.

Common Estate Planning Mistakes That Trigger Probate

Probate often occurs despite planning due to:

Improper titling of assets
Missing or incorrect beneficiary designations
Relying solely on a will
Online or DIY estate planning documents

Working with an experienced Arkansas estate planning attorney helps prevent these issues.

Is Avoiding Probate Right for You?

Avoiding probate is especially beneficial for individuals who:

Own real estate
Want privacy for their family
Have minor children
Own a business
Want to reduce delays and legal expenses

Every estate is different. The right strategy depends on your assets, family situation, and goals.

Speak With a Little Rock Estate Planning Attorney

Avoiding probate in Arkansas requires more than standard forms—it requires proper legal planning and coordination of assets.

If you want to avoid probate, protect your family, and ensure your wishes are carried out efficiently, speak with an experienced Little Rock estate planning attorney.

Please contact any of our featured attorneys on this page if we can assist you with your estate planning, or submit an inquiry online.