Disclaimer: This is educational information only and is not legal advice. I am not a lawyer. For advice about a specific situation, consult a licensed Arkansas attorney.

Detailed answer — how Arkansas law treats survivorship (nonprobate) assets and probate inventories

Assets that pass automatically to a surviving owner by right of survivorship—examples include joint bank accounts titled as joint tenants with right of survivorship, tenancy by the entirety (for married couples), real estate titled as joint tenants with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, and contracts with designated beneficiaries (life insurance, retirement accounts)—generally pass outside of probate. Because those assets transfer to the survivor by operation of law or contract, they are usually not “estate property” that a personal representative must distribute through probate.

Under Arkansas probate rules, the estate inventory filed by a personal representative normally lists property that is part of the decedent’s probate estate. Nonprobate transfers that pass directly to a survivor are typically not subject to administration and therefore are normally not included in the probate inventory as estate assets. See the Arkansas statutes covering probate and property for the operative rules and definitions (Arkansas Code, Title 28 — Probate; Title 18 — Property): https://www.arkleg.state.ar.us/ArkansasCode/Title/28 and https://www.arkleg.state.ar.us/ArkansasCode/Title/18.

Practical rules of thumb under Arkansas law:

• If the decedent owned property as a true joint tenant with right of survivorship or as tenancy by the entirety, the surviving joint owner usually becomes the sole owner immediately on death and the property typically is not reported as an asset of the probate estate.
• POD and TOD accounts and assets with named beneficiaries (life insurance, IRAs, 401(k) plans) pass to the named beneficiary outside probate and typically do not belong in the probate inventory.
• Property held as tenants in common has no survivorship right. A tenant-in-common share is part of the decedent’s probate estate and must be included in the inventory.

However, there are important exceptions and practical considerations:

• Whether a particular account or deed truly created a right of survivorship depends on the title language and state law. Ambiguous or improperly drafted titles may not create survivorship, which can cause the asset to become estate property.
• Court procedures and local probate rules may require the personal representative to disclose certain nonprobate items to the court or to creditors even though the asset passes outside probate. For example, in estate accounting or to show the estate’s solvency, a court or interested parties may request information about nonprobate transfers.
• Creditors: Passing outside probate does not always shield assets from legitimate creditor claims against the decedent. Arkansas law and case law determine whether creditors can reach joint accounts or other transfers; outcomes depend on the facts (who contributed funds, intent, timing, etc.).
• Estate tax and federal reporting: Even if an asset passes outside probate, some transfers may still be includible in a decedent’s federal gross estate for federal estate tax purposes. Arkansas does not currently impose a separate estate tax, but federal rules may apply.

Given these nuances, many Arkansas personal representatives and heirs follow a cautious approach: confirm the nature of title for each asset, disclose obvious nonprobate transfers to the attorney or court when asked, and document why an asset was treated as nonprobate.

How to determine whether to include an item on the inventory — checklist

1. Locate original title documents: deeds, bank account signature cards, account agreements, beneficiary designations, and insurance policies. Title language usually controls whether survivorship exists.
2. Look for explicit phrases: “joint tenants with right of survivorship,” “tenancy by the entirety,” “payable on death,” “transfer on death,” or named beneficiary language.
3. For real property, review the deed. For bank or brokerage accounts, check the account agreement or ask the financial institution whether the account is held with rights of survivorship or is a POD/TOD account.
4. If a document is ambiguous, ask the bank or county recorder for clarification and consult an attorney to interpret the title language under Arkansas law.
5. If you are the personal representative, check local probate rules or the probate clerk’s office about required inventory contents and whether the court expects disclosure of nonprobate transfers.

When it makes sense to include survivorship assets on the probate inventory anyway

Even when survivorship transfers pass outside probate, listing them (or at least disclosing them in writing to the court or creditors) can be helpful in these situations:

• Estate litigation or disputes among heirs about what property belonged to the decedent.
• Potential insolvency of the estate — to show estate resources for paying creditors.
• If the financial institution or county recorder requests documentation or if title appears unclear.
• When an attorney advises listing nonprobate items to avoid later claims that the personal representative hid assets.

Next steps and when to hire an Arkansas attorney

If you are handling a probate in Arkansas, take these steps:

• Gather and review title and beneficiary documents for all assets.
• Talk to the probate clerk or review local probate forms to confirm inventory requirements in the county where the estate is open.
• If there is any ambiguity in title language, disputes among heirs, or creditor concerns, consult a licensed Arkansas probate attorney to avoid costly mistakes.

Finding the right help early can save time and reduce risk. If you need help interpreting deeds or account titles, an attorney can examine the documents and advise whether items belong in the estate inventory or should be treated as nonprobate transfers.

Helpful hints

• Do not assume joint ownership always creates survivorship. Check the exact title language.
• Keep originals or certified copies of deeds, account agreements, and beneficiary forms in one file for the personal representative.
• Request a certified copy of the death certificate before contacting banks or the recorder; institutions will usually require it to change title.
• If the estate has creditors or potential disputes, disclose nonprobate transfers to your attorney so they can evaluate exposure.
• When in doubt, list the asset in a separate appendix to the inventory with a note explaining why you believe it passed outside probate (e.g., POD designation, joint tenancy wording). That transparency can reduce later challenges.
• Use the Arkansas Code online to read relevant statutes for probate and property: Title 28 — Probate and Title 18 — Property. For county-specific procedures, check the local probate clerk’s office or court website.