New to estate planning? You’re in the right place. A living trust is a legal document that holds your family’s assets so they pass directly to your loved ones — no probate court, no delays, no public record. That’s the core idea.
If you’re just starting to figure this out, I’d suggest reading Having the Estate Planning Talk with Your Parents first — it walks through the whole picture and how to get the conversation started. Then come back here for the Arkansas-specific rules.
Already know the basics? Keep scrolling — everything below is specific to Arkansas.
You’re not alone in this. As someone who went through the estate planning process with my own aging parents, I know the weight of these conversations — the awkwardness, the guilt, the fear that you’re not doing enough or doing it too late. Take a breath. You’ve found the right place, and Arkansas has some rules you genuinely need to understand before you plan.
Here’s the headline: Arkansas is one of only three states in America (along with Ohio and Kentucky) that still uses dower and curtesy rights. That means a surviving spouse has a legal claim to the deceased spouse’s real property — regardless of what the will says. Both spouses must sign every deed to real property during the marriage, even if only one spouse’s name is on the title.
That single fact shapes every real estate transaction and estate plan in the state. Combine it with a constitutional ban on perpetuities (no dynasty trusts here), and the fact that Arkansas’s Medicaid estate recovery program specifically reaches beneficiary deeds (a trap that catches many families), and you have a state where getting the details right genuinely matters.
The good news: Arkansas has no state estate tax, no inheritance tax, and no gift tax. The state modernized its trust law in 2023 with brand-new DAPT and decanting statutes, and it adopted the Uniform Directed Trust Act in 2020. Arkansas is quietly becoming a more capable trust jurisdiction — but those old-world dower rights and constitutional limits make planning here different from almost anywhere else.
Here’s everything you need to know about estate planning in Arkansas — no legal jargon, just clear answers from a son who’s been through it.
Dower and Curtesy: The Ancient Rights That Still Shape Arkansas Estate Plans
Both spouses must sign every real estate deed in Arkansas. Because dower and curtesy rights attach to all real property acquired during marriage, a deed signed by only one spouse does not convey clear title. This applies even if the property is titled solely in one spouse’s name. Failing to get both signatures creates a cloud on title that can complicate sales, refinancing, and estate administration for years.
Dower and curtesy are ancient English property concepts that most states abolished decades ago. Arkansas is one of only three states that still uses them. In 1981, the Arkansas Supreme Court found the traditional rules violated equal protection (dower gave wives more rights than curtesy gave husbands), so the legislature equalized them — but kept the system itself intact.
Here’s how it works under Ark. Code Ann. §§ 28-11-101 through 28-11-405:
If There Are Surviving Children or Descendants
- Real property: Surviving spouse receives a one-third life estate in all real property the deceased spouse owned at any time during the marriage
- Personal property: Surviving spouse receives one-third absolute ownership of personal property owned at death
If There Are No Surviving Children or Descendants
- Real property: Surviving spouse receives a one-half fee simple interest in all real property owned during the marriage
- Personal property: Surviving spouse receives one-half absolute ownership of personal property owned at death
A surviving spouse who has been married continuously for more than one year may elect to take against the will under Ark. Code Ann. § 28-39-401 — meaning they can reject what the will provides and take the dower/curtesy share instead.
Why this matters for your estate plan: A will alone cannot override dower and curtesy. If your parents want to leave specific real property to specific children, the surviving spouse’s dower/curtesy rights may interfere with that intent. A properly structured revocable living trust with both spouses’ participation is the most reliable way to plan around these rights — because property held in trust is generally not subject to dower and curtesy claims.
Trust Types in Arkansas
Revocable Living Trust
- Avoids probate entirely — assets pass directly to beneficiaries
- Avoids dower/curtesy complications when both spouses participate
- Remains private (no public court record)
- Fully changeable during your lifetime
- You maintain complete control of your assets while alive
Irrevocable Trust
- Assets removed from your taxable estate
- Stronger creditor and lawsuit protection
- Can protect assets from Medicaid recovery (if properly structured)
- Cannot be easily changed once created
- Arkansas now allows DAPTs (since 2023) and decanting
Arkansas adopted a modified version of the Uniform Trust Code in 2005, codified at Ark. Code Ann. §§ 28-73-101 through 28-73-1106. The state’s trust law was significantly modernized in 2023 with Acts 291 (DAPTs) and 293 (decanting), and the Uniform Directed Trust Act took effect in 2020.
Arkansas Rules at a Glance
Probate Rules
- Small estate threshold: $100,000 (45-day wait)
- Typical timeline: 6–12 months (simple); 12–24 months (complex)
- Court: Circuit Court, Probate Division
- Attorney fees: Statutory schedule (5% first $5K, declining)
- Public record: Yes — all filings are public
Tax & Property Rules
- State estate tax: None
- Inheritance tax: None
- Gift tax: None
- Community property: No — common law (equitable distribution)
- Dower/curtesy: Yes — one of only 3 states
- Trust duration limit: 90 years (constitutional RAP)
2023 trust law modernization: Arkansas enacted two significant trust reforms in March 2023. Act 291 made Arkansas the 21st state to allow Domestic Asset Protection Trusts (DAPTs), letting families protect assets from future creditors through self-settled irrevocable trusts. Act 293 authorized trust decanting — allowing trustees to “pour” assets from one irrevocable trust into a new one with updated terms, without court approval. Both represent a major step forward for Arkansas trust planning.
No dynasty trusts in Arkansas. The Arkansas Constitution itself prohibits perpetuities, and the legislature adopted the Uniform Statutory Rule Against Perpetuities (USRAP) with a 90-year maximum trust duration. Unlike states that have repealed their RAP legislatively, Arkansas cannot create perpetual trusts without a constitutional amendment. If multi-generational trust planning is a priority, neighboring states like Tennessee, South Dakota, or Oklahoma may be worth considering for trust situs.
Official Sources
Arkansas Code Title 28 — Wills, Estates, and Fiduciary Relationships ·
Arkansas Judiciary — Probate Forms ·
Arkansas Bar Association ·
Arkansas Department of Health — Healthcare Decision Forms ·
Arkansas DHS — Medicaid Estate Recovery Guide
What Does Estate Planning Cost in Arkansas?
Arkansas attorney fees are reasonable compared to many states. The state has a statutory fee schedule for probate (Ark. Code Ann. § 28-48-108), which gives you a clear picture of what probate would cost — and why a trust may be worth the upfront investment.
| What You’re Paying For | Typical Range in Arkansas | When You’d Use It |
|---|---|---|
| Simple living trust (individual) | $1,200 – $2,500 | Single person, straightforward assets |
| Living trust (married couple) | $1,800 – $3,500 | Married couple, joint or separate trusts |
| Full estate plan package (trust + will + POA + healthcare directive) | $2,500 – $5,000 | Most families — this is what you actually need |
Compare that to probate costs: Arkansas’s statutory attorney fee schedule charges 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, and declining percentages above that. On a $500,000 estate, probate attorney fees alone would be approximately $12,000–$14,000, plus personal representative compensation and court costs. A $3,000 trust looks like a bargain.
Want to understand exactly what you’ll pay? Many Arkansas estate planning attorneys offer free or reduced-cost initial consultations. Find Arkansas estate planning attorneys below.
Beneficiary Deeds: Arkansas’s Probate-Avoidance Tool (With a Medicaid Catch)
Arkansas authorizes beneficiary deeds (functionally identical to transfer-on-death deeds) under Ark. Code Ann. § 18-12-608. A beneficiary deed transfers real property to a named person at the owner’s death, bypassing probate entirely. It must be signed, notarized, and recorded before the owner’s death to be valid.
Key features:
- Fully revocable at any time during the owner’s lifetime
- No interest vests in the beneficiary until the owner’s death
- Cannot be revoked by the owner’s will (must record a revocation deed)
- Subject to all existing liens and encumbrances at death
Medicaid warning: Beneficiary deeds do NOT fully protect real property from Medicaid estate recovery in Arkansas. Under Ark. Code Ann. § 20-76-436, the Department of Human Services may make a claim against property transferred via beneficiary deed — even though the property technically passes outside of probate. Arkansas is one of the few states that specifically names beneficiary deeds as a recovery target. If long-term care planning is a concern, a properly structured irrevocable trust may provide stronger protection than a beneficiary deed alone.
Arkansas does not recognize Lady Bird deeds (enhanced life estate deeds). The beneficiary deed is the primary non-trust probate-avoidance tool for real property. But given the Medicaid recovery risk, many practitioners recommend a revocable living trust as the more comprehensive option.
Probate vs. Trust: Side-by-Side Comparison
| Factor | With a Living Trust | Without (Probate) | Why It Matters |
|---|---|---|---|
| Timeline | Days to weeks | 6–12 months (simple); 12–24 months (complex) | Your family waits for access to assets |
| Cost | Attorney fees at creation ($2,500–$5,000) | Statutory schedule: ~2.5%–5% of estate value | Comes out of what they inherit |
| Privacy | Completely private | Public record in Circuit Court | Anyone can see assets and beneficiaries |
| Court involvement | None | Required — Probate Division of Circuit Court | Judge controls the process |
| Dower/curtesy | Generally avoided when both spouses participate | Surviving spouse can elect against the will | Can override intended distributions |
Are You Ready? Arkansas Estate Planning Checklist
Estate Planning Readiness Checklist — Arkansas
Check each item you feel confident about. Your progress is saved automatically.
Most families begin exactly where you are. Here are the best next steps:
- What Is a Living Trust? — the complete beginner's guide
- Having the Estate Planning Talk — how to start the conversation
- How to Avoid Probate — why this matters
You have a solid foundation. Fill in the remaining gaps:
- Funding Your Trust — how to retitle assets
- The 5 Documents Every Family Needs
- Estate Tax & Gift Tax Guide
You understand the fundamentals and you're prepared to work with a professional. The next step is finding an estate planning attorney who knows Arkansas law.
Common Estate Planning Mistakes in Arkansas
A trust only avoids probate for assets that have been retitled into it. An unfunded trust is just an expensive stack of paper. Real estate, bank accounts, and investments all need to be moved into the trust’s name.
A will does not avoid probate — it goes through it. A will tells the probate court what you want, but the court still controls the process. Only a trust, joint ownership, beneficiary designations, and certain deeds bypass probate entirely.
Retirement accounts (401k, IRA) and life insurance pass by beneficiary designation — not by your will or trust. Outdated designations (like a former spouse) override everything else in your estate plan.
A trust handles what happens after death, but a durable power of attorney and healthcare directive handle what happens if you become incapacitated. Without these, your family may need an expensive court-supervised guardianship.
There is no perfect time to plan your estate. Every day without a plan is a day your family is unprotected. The best time to start is right now — even if you begin with just the basics.
The best way to avoid these mistakes? Work with an estate planning attorney who knows Arkansas law. A qualified attorney will catch the state-specific issues that generic online advice misses.
Other Essential Planning Tools
Power of Attorney
Arkansas adopted the Uniform Power of Attorney Act in 2011 (Act 805), effective January 1, 2012. A key feature: Arkansas POAs are durable by default — they remain effective even if you become incapacitated, unless the document specifically says otherwise. The state provides a statutory form at Ark. Code Ann. § 28-68-301. Springing POAs (those that only take effect upon incapacity) are allowed but not generally recommended because proving the trigger event can cause delays. Learn more about essential estate documents →
Healthcare Directive
Arkansas uses a combined Advance Directive for Health Care under the Healthcare Decisions Act (Ark. Code Ann. §§ 20-6-101 through 20-6-118). This single document covers both your living will (treatment preferences) and healthcare agent designation. It must be either notarized OR witnessed by two adults who are not related to you and not entitled to any portion of your estate. Arkansas also has a POLST (Physician Orders for Life-Sustaining Treatment) program since 2017 — a physician order (printed on a pink form) that complements your advance directive and transfers across all healthcare settings. Learn more about healthcare directives →
Long-Term Care Considerations
Arkansas’s Medicaid estate recovery program has a specific feature that matters: it can reach property transferred by beneficiary deed (§ 20-76-436). This makes irrevocable trust planning particularly important for families concerned about long-term care costs. Standard protections apply — recovery cannot occur while a surviving spouse, a child under 21, or a disabled child lives in the home — but the beneficiary deed exception means that the simplest probate-avoidance tool doesn’t fully protect against Medicaid claims. Learn more about protecting your parents’ legacy →
Find an Arkansas Estate Planning Attorney
Find an Arkansas Estate Planning Attorney
We can help you find a qualified estate planning attorney in your area who understands Arkansas’s dower and curtesy rules, probate procedures, and trust requirements.
Use the directories below to find a qualified estate planning attorney in your area, or email us and we’ll point you in the right direction.
Where are you in this journey?
- My parents are getting older — just starting to think about this
- We need a plan now — ready to take action
- Settling an estate — dealing with a parent’s passing
Directories to find an Arkansas estate planning attorney:
- Arkansas Bar Association — Find a Lawyer
- American College of Trust and Estate Counsel (ACTEC) — Arkansas Fellows
- National Academy of Elder Law Attorneys (NAELA)
Questions to ask before you hire an estate planning attorney:
- How many estate plans do you create per year?
- Do you specialize in estate planning, or is it one of many practice areas?
- What’s included in your flat fee (trust, will, POA, healthcare directive)?
- Will you help with funding the trust (retitling assets)?
- How do you handle dower and curtesy issues with trust funding?
- Do you offer a trust review/update service for when laws change?
- What happens if I need to make changes later?
Recent Updates to Arkansas Estate Planning Law
- March 2023: Act 291 enacted — Arkansas becomes the 21st state to allow Domestic Asset Protection Trusts (DAPTs). Self-settled irrevocable trusts with independent third-party trustees can now shield assets from future creditors, with a 2-year statute of limitations.
- March 2023: Act 293 enacted — Trust decanting authorized, allowing trustees to modify irrevocable trust terms by transferring assets to a new trust without court approval.
- January 2020: Uniform Directed Trust Act (Act 1021 of 2019) takes effect, allowing trust directors to manage specific aspects of trust administration while limiting directed trustee liability.
- July 2017: POLST program established (Act 504 of 2017), giving patients a physician-signed order for life-sustaining treatment preferences.
- 2017: Healthcare directive statutes consolidated (Act 974) into a single streamlined framework.
Last reviewed: February 2026
Last updated: February 2026. I review Arkansas’s estate planning rules quarterly and update this page whenever laws change. Bookmark it.
Go Deeper: Estate Planning Guides
| Guide | What You’ll Learn |
|---|---|
| Living Trusts: The Complete Guide | How living trusts work, what they cost, and whether you need one |
| Avoiding Probate | Every tool available to keep your family out of probate court |
| The Family Conversation | How to talk to your parents about estate planning without it being awkward |
| Estate Tax Planning | Federal and state estate tax rules, exemptions, and strategies |
| Funding Your Trust | How to retitle assets into your trust (the step most people skip) |
| Essential Estate Documents | The five documents every estate plan needs |
| Protecting Your Parents’ Legacy | Long-term care, Medicaid, and preserving what they built |
| Compare State Estate Planning Rules | See how your state compares on probate costs, estate taxes, and trust-friendly features |