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If the value of a decedent's estate does not exceed $100,000, you can avoid the probate process entirely by filing a property claim affidavit in the probate court.
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.
Lady Bird deeds are only available in a handful of U.S. states. It is an "enhanced life estate deed" compared with a ?traditional life estate deed" because the life estate holder (the owner) controls the property. This means the owner can sell or lease the property during their life.
Real Estate Recording Requirements Original Instrument. Notarized signature. Tax statement return address on document. Name of Instrument preparer. Revenue stamps on warranty deeds (if revenue changed hands) ?I Certify? statement on all warranty deed (and any deed that has revenue stamps affixed)
Arkansas Beneficiary (Transfer on Death) Deeds You must sign the deed and get your signature notarized, and then record (file) the deed before your death with the county clerk, circuit clerk, or recorder's office (the name varies by county) in the county where the real estate is located. ... The beneficiary's rights.
List the name of the current owner of the property. List the name of the person who is becoming the owner of the property. List the name of the county where the property is located. Fill this out only if no than $100 is paid for the property.
Arkansas charges a real property transfer tax for real estate transfers involving more than $100.00 in payment. The total transfer tax rate is $3.30 per $1,000.00 of consideration?two-thirds of which is expressly the new owner's responsibility.
Even if there is a valid Last Will and Testament you must go through probate court. Arkansas Code Ann 28-40-104 states, ?No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate.?