Arkansas

At a Glance

Who files the death certificate and when.

In Arkansas, the funeral director or a person acting as a funeral director must file a 'fact-of-death record' with the division of vital records within three days of death or discovery of a body. A complete death certificate must be registered with the local or state vital records office within 10 days of death or discovery of the body. The physician who was caring for the deceased completes the medical certification portion of the death certificate and returns it within three days. If the cause of death can't be determined within three days, final disposition cannot be made until authorized by the state medical examiner, attending physician, or county coroner.

Who can order copies.

The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate (usually the funeral home) to order them for you at the time of death. If you need to order copies after the time of death has passed, contact the health department in the county where the death occurred or visit the Arkansas Department of Health online.

• –Arkansas Department of Health: https://www.healthy.arkansas.gov/programs-services/certificates-records/order-death-records/
• –Cost: approximately $10 per certified copy
• –Authorized individuals include the spouse, child, parent, or next of kin (or their authorized representative); someone who establishes a need for documentation to establish a legal right or claim; an organization providing benefits to survivors; and local, state, or federal agencies.

How do I get a death certificate in Arkansas?

Order certified copies from Arkansas's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Arkansas?

$10 per certified copy in Arkansas, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

Probate is a court-supervised process for transferring a deceased person's assets to their heirs. In Arkansas, if the total value of the estate (excluding certain non-probate assets) is less than $100,000, it may qualify for a simplified probate process using a small estate affidavit. If the estate exceeds this amount, formal probate is generally required.

If you die without a will.

If you die in Arkansas without a valid will, your assets will be distributed according to the state's intestate succession laws. This means the court will determine who inherits your property based on your surviving relatives.

• –Surviving spouse and children: If you have both, your spouse inherits half of your property and your children inherit the other half.
• –Surviving spouse, no children: Your spouse inherits all of your property.
• –Children, no surviving spouse: Your children inherit all of your property, divided equally.
• –No spouse or children: Your property goes to your parents, then to your siblings, then to other relatives. If no relatives can be found, the state takes your property.

Avoiding probate.

To avoid probate in Arkansas, you can utilize several estate planning tools. These include creating a revocable living trust, which allows assets to be distributed outside of probate. Other options include designating beneficiaries on bank accounts (payable-on-death or POD) and retirement accounts (transfer-on-death or TOD), and holding property in joint tenancy with rights of survivorship.

What is the small-estate limit in Arkansas?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Arkansas?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Arkansas allow transfer-on-death deeds?

Yes. Arkansas authorizes the beneficiary deed under Ark. Code Ann. § 18-12-608. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Arkansas calls it a beneficiary deed; it only works if the deed is recorded before the owner dies.

Source: Ark. Code Ann. § 18-12-608 ↗

Die without a will in Arkansas and this law picks your heirs.

If you die intestate (without a valid will) in Arkansas, Ark. Code Ann. §§ 28-9-203 to 28-9-215 (descent) and §§ 28-11-301 to 28-11-405 (dower and curtesy) decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): entire estate if married 3+ continuous years; 50% if married under 3 years
• –Spouse + parents (no descendants): married 3+ years, spouse takes all and parents get nothing; under 3 years, spouse takes 50% and parents take 50%
• –Spouse + joint descendants: children inherit; spouse gets 1/3 of personal property outright plus a life estate in 1/3 of the real estate (dower/curtesy)
• –Spouse + blended family: identical, children inherit subject to the same 1/3 dower/curtesy
• –Source: Ark. Code Ann. §§ 28-9-214, 28-9-215, 28-11-301, 28-11-305

Children's shares.

The children take the whole estate in equal shares, and a deceased child's descendants take that child's share.

No spouse, no children: the line of succession.

After descendants and spouse come the parents, then siblings and their descendants, then grandparents, uncles, and aunts sharing equally with no paternal/maternal split, then great-grandparents and great-uncles and great-aunts, then a spouse of under three years takes the rest, then the heirs of a predeceased spouse; only then does the estate escheat: to the county where the decedent lived, not the state (§ 28-9-215).

At a Glance

What Arkansas requires.

In Arkansas, an Advance Care Plan (which can include a Living Will and Medical Power of Attorney) must be signed and either witnessed by two competent adults or notarized. If witnessed, neither witness should be the person you appointed as your agent, and at least one of the witnesses should be someone who is not related to you or entitled to any part of your estate. The form allows you to specify your wishes regarding life-sustaining treatments and appoint a healthcare agent.

Healthcare power of attorney.

A Healthcare Power of Attorney (HCPOA) in Arkansas allows you to appoint an agent to make medical decisions on your behalf if you become unable to do so. This can be a standalone document or incorporated into a comprehensive Advance Care Plan. The appointed agent's authority typically begins when your physician determines you lack the capacity to make your own healthcare decisions.

POLST / MOLST forms.

Arkansas recognizes Physician Orders for Life-Sustaining Treatment (POLST) forms. A POLST form is a medical order that complements an advance directive and is completed by a healthcare professional based on a patient's wishes. It provides clear instructions for medical treatment in various situations and is intended for individuals with serious illnesses or frailty. It differs from an advance directive in that it is a physician's order that travels with the patient across care settings.

Where do I get Arkansas's advance directive form?

The controlling law is Ark. Code Ann. § 20-6-101 et seq., linked as this section's source. Most people use the free statutory form: Arkansas's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Arkansas require a notary or witnesses for an advance directive?

Arkansas requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Arkansas.

In Arkansas, a body must be either embalmed or refrigerated if it is not buried or cremated within 48 hours of death. Cremation requires written authorization, typically from the next-of-kin, and a properly completed death certificate. The crematory authority must hold human remains prior to cremation, and the cremation container must be cremated with the human remains. Arkansas imposes no waiting period before cremation; the 48-hour rule is about preservation, not timing of cremation.

Green burial and alternatives.

Green burial is legal in Arkansas. The state's regulations focus on the timing and preservation of the body. If burial will not occur within 48 hours, the body must be embalmed or refrigerated. However, for green burials, embalming is not required if the body is buried within this timeframe. Arkansas law allows for home burial, provided it complies with local zoning and health regulations. Human composting and alkaline hydrolysis are not explicitly addressed in Arkansas statutes, so their legality may be subject to interpretation or future legislation.

• –Green burial: Legal, with embalming not required if burial occurs within 48 hours.
• –Home burial: Permitted, subject to local zoning and health regulations.
• –Human composting and alkaline hydrolysis: Not explicitly addressed in current Arkansas law.

Funeral home regulations.

Funeral homes and funeral directors in Arkansas are regulated by the Arkansas State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, which operates under the Arkansas Insurance Department. This board sets licensing requirements for funeral directors and embalmers and oversees funeral establishments. Federal law, specifically the FTC Funeral Rule, also applies, requiring funeral homes to disclose prices and offer itemized services.

At a Glance

Arkansas does not have a state estate tax.

Arkansas is one of many states that does not impose a state-level estate tax. This means that your estate will not be subject to an additional tax at the state level upon your death, regardless of its value. The state repealed its estate tax in 2003.

Arkansas does not have an inheritance tax.

In addition to not having an estate tax, Arkansas also does not levy an inheritance tax. An inheritance tax is paid by the beneficiaries who inherit assets, rather than by the estate itself. Therefore, heirs in Arkansas will not pay state inheritance taxes on assets they receive.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Arkansas have an estate tax?

No. Arkansas has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Arkansas have an inheritance tax?

No. Arkansas does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Arkansas.

You can register to be an organ, eye, and tissue donor in Arkansas through Donate Life Arkansas. This can be done online or when you obtain or renew your driver's license or state ID at the Department of Motor Vehicles (DMV). Registering adds your name to the official donor registry, making your decision legally recognized.

• –Donate Life Arkansas online registry: https://donatelifearkansas.org/
• –Register at the DMV when applying for or renewing your driver's license or state ID.
• –You can also indicate your wishes on your Advance Care Plan, though direct registration is the most legally binding method.

Your family cannot override your decision (with recent legal developments).

Historically, in Arkansas, a registered organ donor decision was legally binding and could not be overridden by family. However, recent legislation (Act 861, formerly HB1679) was passed that would allow certain individuals, such as a patient's health care power of attorney or next of kin, to revoke or amend an anatomical gift. This law has been met with legal challenges, and a federal judge has issued a temporary hold against its implementation. As of now, the legal landscape regarding family override is in flux, but the intent of a registered donor is generally upheld.