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If the decedent has died in Arkansas within the last five years, it is not too late to probate his or her estate, allowing the courts to handle administration of the estate. If more than five years has passed, an Heirship Affidavit may help heirs transfer the decedent's property.
You must file an Affidavit for Collection of Small Estate with the probate clerk of the circuit court in the county where the deceased last lived. The affidavit can be filed by one or more of the people receiving proceeds from the estate (called distributees).
This affidavit must be signed and notarized. Affidavits of heirship are often recorded with a deed. Some counties have more than one recording office, so you need to be sure this deed is being recorded in the correct recording office. Must list the name and address of the person who prepared this affidavit.
Typically the person signing the affidavit is a friend of the family. The signature of the person signing the affidavit of heirship must be notarized. List all of the heirs at the time of the decedent's death. For example list the spouse and all children.
An affidavit of heirship can be used to establish the heirs of a deceased person when there is no probated will or estate. To use an affidavit of heirship for this purpose please follow the instructions below: The person signing the affidavit of heirship cannot be a person listed as an heir.