Lady Bird Deeds in Arkansas
Short answer: no. Arkansas does not recognize lady bird deeds, and recording one may not do what you're hoping. Here is what works here instead.
Arkansas does not recognize lady bird deeds
Arkansas has no statute and no settled practice recognizing them, so what one would do here is uncertain, and title companies may not rely on it. Deedly does not prepare one for Arkansas; the alternatives below are the reliable routes.
Why Arkansas does not have them
Lady Bird deeds, enhanced life estate deeds, are recognized in 6 states: Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers. Elsewhere there is no statute or settled practice for the combination of a life estate and an unrestricted power to sell, so how a court or title company would treat one is uncertain.
What Arkansas property owners use instead
There are working alternatives in Arkansas:
- Arkansas transfer-on-death deed. Names who inherits the property, revocable at any time while you're alive.
- Arkansas life estate deed. Keeps a life estate for you with the remainder to the people you name. Not revocable.
Other ways to avoid probate in Arkansas
- A revocable living trust. The most flexible option. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
- Survivorship titling. Arkansas recognizes tenancy by the entirety for married couples, which passes the property to the survivor automatically. It protects the other spouse's right to stay in the home and to inherit it, but in Arkansas a creditor of one spouse can still have that spouse's right of survivorship and half of the rents sold (Morris v. Solesbee, 48 Ark. App. 123 (1995)).
- Small estate procedures. Arkansas has simplified processes for smaller estates that can be far cheaper than full probate. The limits are set by state statute, and some do not reach real estate; the probate court clerk can tell you the current figures.
$49, one time. The probate-avoidance deed Arkansas does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.
Common questions
A county office might physically accept and index the document, but recording is not the same as validity. With no statute or settled practice behind it in Arkansas, there is no assurance a court or title company would give it the effect you intended. Use one of the alternatives above instead.
Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.
For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Arkansas can tell you which fits your situation in a single consultation.
Keep reading
- Arkansas transfer-on-death deedNames who inherits the property, revocable at any time while you're alive.
- Arkansas life estate deedKeeps a life estate for you with the remainder to the people you name. Not revocable.
- All Arkansas deed optionsEverything this state does recognize, with requirements and costs.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.