Arkansas Mortgage Deed
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How to fill out Mortgage Deed?
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FAQ
In Arkansas, there are four recognized forms of property ownership: sole ownership and three forms of co-ownership referred to as joint tenancy, tenancy in common and tenancy by the entirety.
Arkansas deeds are recorded with the county recorder's office for the county where the property is located. In most Arkansas counties, the circuit clerk acts as county recorder and is responsible for maintaining land records and recording deeds. In other counties, the county clerk serves as county recorder.
In Arkansas, whether or not you have a will when you die, your spouse will inherit property from you under a doctrine called "dower and curtesy." Briefly, this is how it works: If you have children or other descendants. Your spouse has the right to use, for life, 1/3 of your real estate.
When a property owner dies in Arkansas, much of their property (real and personal), known as their estate1, must go through a legal process called probate. However, even with real estate, there are some options such as benefi- ciary deeds, joint tenancy with right of survivorship and other options to avoid probate.
Spouses in Arkansas Inheritance Law Whether or not you have a will when you die, your spouse will inherit your property through a doctrine known as ?dower and curtesy.? If you have no children or descendants, your spouse automatically inherits half of your real estate and half of your personal property.
When transferring property, a seller (often called the grantor), writes out a deed, transferring property to the buyer (often called the grantee). The deed is then recorded with the recorder in the county in which the property is located.
Arkansas law requires the recording of all real estate deeds. Submit the completed form to the recorder's office for the county where the land is located.
Arkansas is a common law state, which means that a joint tenancy with right of survivorship is a common form of joint ownership.
