How to re-record or update a joint survivorship deed after co-owners died (Arkansas)

Disclaimer: I am not a lawyer. This article provides general information about Arkansas property and probate practice to help you understand the steps you may need to take. This is not legal advice. For help that applies to your specific facts, consult a licensed Arkansas attorney or your county recorder/clerks office.

Detailed answer — what typically happens and the steps to take

When co-owners named on a deed have died, the steps you must take to “re-record” or update title depend on how the deed was written and who remains alive. In Arkansas, transfer rules for ownership and the practical recording steps are governed by property and probate law. See Arkansas Code Title 18 (Property) and Title 28 (Probate) for the statutory framework: Ark. Code Title 18 (Property) and Ark. Code Title 28 (Probate).

Step 1 — Read the deed language

Carefully read the recorded deed. Key phrases to look for:

“Joint tenancy with right of survivorship” or “joint tenancy” — usually means the surviving named owner(s) automatically take the deceased owner’s share by operation of law.
“Tenants in common” — no right of survivorship; the deceased owner’s share passes through that owner’s will or intestacy.
“Transfer on death” or “beneficiary” language — may name who receives title on death without probate.

Step 2 — Determine who survived

If at least one named co-owner survived the others, survivors usually own the property automatically. If no named owner survived (all named joint tenants are dead), title typically becomes part of the last deceased owner’s estate and will pass by that owner’s will or Arkansas intestacy law, requiring probate or other estate procedures.

Step 3 — Gather documents you will need

Recorded copy of the original deed.
Certified copies of the death certificates for the deceased co-owners.
Any recorded wills, trust documents, or probate filings relevant to the last surviving owner.
Title search or abstract (recommended if there are mortgages, liens, or conflicting claims).

Step 4 — Update the county land records

How you update the public record depends on the facts:

If a named co-owner survived: the surviving owner(s) can usually record an affidavit or declaration of survivorship plus a certified death certificate for the deceased owner(s) to show the chain of title. Many Arkansas counties accept an “Affidavit of Death and Survivorship” or similar document to confirm that the survivorship took effect and to update the index. Contact the county recorder (county clerk/recorder) where the property is located for their required form, fee, and processing rules.
If the property must pass through probate (for example, all named co-owners died and no survivor was named): the personal representative or administrator will need to administer the estate and then record an executor’s deed, administrator’s deed, or other probate-based conveyance to transfer title out of the estate. You will need probate documents (letters testamentary or letters of administration) and the recorded deed prepared and acknowledged under Arkansas requirements.
If a trust or beneficiary designation governs the transfer: the trustee or beneficiary follows trust or beneficiary procedures and records the proper trustee’s deed or beneficiary conveyance with supporting documentation.

Step 5 — Prepare and record the new instrument

When recording (either an affidavit of survivorship or a deed from an estate/trust):

Prepare the legal instrument (affidavit, executor’s deed, quitclaim deed, or trustee deed). Include the full legal description as shown on the existing deed.
Attach certified death certificates and any probate papers or letters if required.
Have the deed or affidavit properly signed and acknowledged before a notary public.
File with the county recorder (often the County Clerk or Recorder of Deeds) in the county where the property is located. Pay the recording fee and any required transfer tax or documentary fee if applicable.
Request recorded copies and obtain updated title information or a new title commitment if you plan to obtain title insurance.

Special situations to watch for

Mortgage or lien: A mortgage normally survives the change in ownership; the lender may require payoff or refinancing. A lien holder may need to be paid or otherwise dealt with before title clears.
Conflicting claims: If heirs or other persons claim an interest, you may need a court order or probate adjudication resolving ownership.
Small estate procedures: Arkansas has simplified procedures for certain small estates, which may avoid full probate in limited situations. Check Arkansas probate rules or consult an attorney or county clerk. See Ark. Code Title 28: Ark. Code Title 28 (Probate).

When you should hire an Arkansas attorney

Consider an attorney if any of the following apply: competing heirs or disputed ownership; complicated or missing documents; outstanding mortgage or tax liens; property in multiple counties; or if you want a smooth title transfer for sale or refinancing. An attorney can prepare the correct affidavits or deeds and represent you in probate or quiet-title actions if needed.

Helpful Hints

Start at the county recorder’s office: each Arkansas county may have its own preferred affidavit forms and fee schedule. Call or visit the county recorder/clerk where the property is recorded.
Obtain certified death certificates early — counties typically require them to prove a co-owner died.
Keep a chain-of-title copy: record dates, instrument numbers, and reference the deed book and page when preparing any new recording instrument.
Get a title search if you plan to sell or refinance. Title companies can reveal hidden liens and necessary curative steps.
If no one survived the named co-owners, be prepared to start probate for the last surviving owner; that is typically how title clears to heirs unless a transfer-on-death device applied.
Document everything: retain copies of all recorded documents, certified death certificates, probate filings, and any communications with county offices.
Ask whether the county charges transfer taxes, documentary fees, or additional recording fees so you can budget for recording costs.
If you expect to manage multiple similar transfers (e.g., handling several family properties), talk with an attorney about a standardized affidavit or a small estate procedure that fits Arkansas law.

Useful Arkansas resources:

Arkansas Code — Title 18 (Property): https://www.arkleg.state.ar.us/ArkansasCode/Title/18
Arkansas Code — Title 28 (Probate): https://www.arkleg.state.ar.us/ArkansasCode/Title/28
Arkansas Secretary of State: general filings and notaries: https://www.sos.arkansas.gov/

If you want, provide the county where the property sits and any specific language from the recorded deed (no private IDs or personal data). I can then explain likely next steps for that county and suggest which local office to contact, or draft a sample affidavit or executor’s deed outline you could take to an attorney.