In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Arkansas, the law provides a simplified process for administering small estates through the use of a small estate affidavit. This process is available when the value of the estate does not exceed certain thresholds. As of the knowledge cutoff in 2023, if the total value of the estate is $100,000 or less, the successors may use an affidavit to collect the property without formal probate. The affidavit must be signed by the distributees and two disinterested witnesses. It can be presented to the person or institution holding the assets of the deceased after 45 days have passed since the death. Additionally, Arkansas law allows for a summary administration procedure for small estates, which is a more streamlined court process than regular probate. This process is also available for estates that meet the small estate value criteria. It is important for individuals to consult with an attorney to ensure compliance with the specific requirements and procedures outlined in the Arkansas Code, as these laws are subject to change and may have specific nuances that need to be addressed.