Arkansas life estate deed
A life estate deed passes your Arkansas property to the people you name without probate, while you keep the right to live in it for life. Unlike a transfer-on-death deed, it cannot be undone once it is signed and delivered. Here is exactly what Arkansas requires, what it costs, and where to file it.
- Recording office
- County Recorder (the Circuit Clerk in most counties)
- Witnesses
- Notary only
- Transfer tax
- $3.30 per $1,000 of consideration
- First-page margin
- 3″ top
- Recording fee
- $15 first page
- E-recording
- Approved submitters
What a life estate deed does in Arkansas
A traditional life estate deed splits ownership across time. You, the life tenant, keep the right to live in and use the property for the rest of your life. The remaindermen you name own everything after that, and their interest vests the moment the deed is delivered; recording protects it against later buyers and creditors. Because their interest is real and present, you can't sell, refinance, or undo the deed without their signatures. That permanence is the whole difference between this and a lady bird deed.
The Arkansas law behind this deed
Arkansas has no section written specifically for life estate deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | Ark. Code Ann. § 18-12-102 |
| Recording with the County Recorder (the Circuit Clerk in most counties) | Ark. Code Ann. §§ 14-15-402, 14-15-403 |
| Homestead and spousal consent | Ark. Code Ann. § 18-12-403 (spousal consent to convey a homestead); Ark. Const. art. 9, § 3 (homestead exemption from creditors) |
| Transfer tax | Ark. Code Ann. § 26-60-105 |
Less common in Arkansas
Life estate deeds are valid here but used less often than in other states. Read the limitations below carefully before choosing one.
When Arkansas property owners use a life estate deed
- Pass a home to children while reserving the right to live there for life
- Start the Medicaid look-back clock on a transfer (state rules vary)
- Avoid probate on the property with a simple, long-established instrument
- Provide for a surviving spouse or partner with the remainder going to your own children
What Arkansas requires on the deed
These are the execution and formatting rules county recorders enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Arkansas says |
|---|---|
| Recording office | County Recorder (the Circuit Clerk in most counties) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Required: the preparer's name and address on page one (Ark. Code Ann. § 14-15-403). Deedly prints it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Real Property Transfer Tax Affidavit of Compliance |
| Timing | Takes effect when signed and delivered. Record it promptly: an unrecorded deed does not protect the people you named against a later buyer, lender, or creditor. |
A spouse may have to sign even if they are not an owner
If you are married, your spouse must sign and be named in the notary acknowledgment to release dower or curtesy (Ark. Code Ann. §§ 18-12-402, 28-11-201) and, if the property is your homestead, homestead rights (§ 18-12-403).
How to complete and record it in Arkansas
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Recorder (the Circuit Clerk in most counties) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for Arkansas deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Sign the transfer tax certification and the Affidavit of ComplianceThe grantee, or the grantee's agent, signs the Real Property Transfer Tax Certification printed at the end of the deed, and the DFA Real Property Transfer Tax Affidavit of Compliance. Neither needs a notary (Ark. Code Ann. §§ 26-60-107, 26-60-110). If tax is due, buy the documentary stamps from the Department of Finance and Administration before you record. Your filing packet says which applies to you.
- Record it with the County Recorder (the Circuit Clerk in most counties)File in the county where the property is located and pay the recording fee. The grantor must present the deed with a valid photo ID card or driver's license, or mail it with a photocopy of that ID, unless an attorney, real estate agent, title agent or lender presents it (Ark. Code Ann. § 14-15-403(f)). Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Tell the people you named where it isAt your death they record a certified death certificate, and in some states an affidavit, to show that your life estate has ended. Ask your insurer whether they should be added to the policy now.
What it costs in Arkansas
| Cost | Typical amount |
|---|---|
| Recording fee | $15 for the first page and $5 per additional page |
| Transfer tax | Real property transfer tax: $3.30 per $1,000 of consideration, or fraction of $1,000, when the consideration is more than $100 |
| Notary | Arkansas sets no fixed maximum: a notary may charge a reasonable fee that is disclosed to you and agreed before the notarization (Ark. Code Ann. § 21-6-309). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Arkansas charges a real property transfer tax of $3.30 per $1,000 of consideration, or fraction of $1,000, when the consideration is more than $100. The Department of Finance and Administration says the seller and buyer pay the tax half each unless they agree otherwise. The buyer has to show proof of payment, or of an exemption, when the deed is recorded (Ark. Code Ann. § 26-60-110(a)). A transfer to your spouse or to your own trust owes no tax only if nothing is paid for it: Arkansas has no separate exemption for either.
Exemptions that commonly apply to a transfer like this: gifts and other transfers for $100 or less, on which no tax is levied (Ark. Code Ann. § 26-60-105(a)), beneficiary deeds (§ 26-60-102(12)), transfers between divorcing spouses as a division of marital property (§ 26-60-102(7)), deeds correcting an earlier deed on which the tax was paid (§ 26-60-102(3)), and transfers between a business entity and its owners on formation, reorganization or liquidation (§ 26-60-102(11)). You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Arkansas
Arkansas deeds are recorded with the County Recorder (the Circuit Clerk in most counties) in the county where the property sits, not where you live. There are 75 counties in Arkansas.
Many Arkansas recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Arkansas: Pulaski, Benton, Washington, Saline, Sebastian, Faulkner, Craighead. See all Arkansas recording offices.
What a life estate deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It is not revocable. Once recorded, you can't sell or mortgage the property without every remainderman signing.
- A remainderman's divorce, bankruptcy, or judgment creditor can attach their interest in your home while you're still living in it.
- Because you keep the right to live there for life, the full value is still counted in your estate for federal tax purposes (26 U.S.C. § 2036). That generally gives the remaindermen a stepped-up basis at your death, but it also means the deed does not shrink a taxable estate.
- It is usually treated as a divestment for Medicaid purposes. Get advice before using it for that purpose.
Quirks of Arkansas law that catch people out
- Arkansas still recognizes dower and curtesy. A married owner's spouse must sign, even when the spouse is not on the title. Without that signature a deed of the family home is void, and a deed of other land passes subject to the spouse's dower or curtesy.
- Arkansas calls a transfer-on-death deed a beneficiary deed (Ark. Code Ann. § 18-12-608).
- An Arkansas deed must show on its face, signed by the grantee, that the correct transfer tax stamps are attached or that no tax is due, with the grantee's address. The recorder will not record it otherwise (Ark. Code Ann. § 26-60-110).
- Since August 5, 2025, the grantor has to present an Arkansas deed at the recorder's office with photo ID, or mail it with a photocopy of the grantor's ID. The recorder rejects a deed that arrives without it (Ark. Code Ann. § 14-15-403(f)).
$49, one time. Your finished deed appears in full before you pay, with Arkansas's witness rules, margins, and recording instructions already applied.
Common questions
No. Arkansas has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Recorder (the Circuit Clerk in most counties). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect $15 for the first page and $5 per additional page. Arkansas also charges real property transfer tax of $3.30 per $1,000 of consideration, or fraction of $1,000, when the consideration is more than $100, though whether a gift or family transfer is exempt depends on this state's exemptions, listed on this page. Set by state law and the same in every Arkansas county: $15 for the first page (one side) and $5 for each additional page (Ark. Code Ann. § 21-6-306). The copy of the grantor's photo ID that the recorder attaches to a deed is recorded with it (§ 14-15-403(f)(1)(C)), so allow for one more page. A document that misses the format rules can cost $25 more.
No. Arkansas requires only that the grantor's signature be acknowledged before a notary public. Arkansas does not require witnesses on a deed that is acknowledged before a notary. An old statute (Ark. Code Ann. § 18-12-104) still describes signing before two witnesses, and a deed can also be proved for recording by a subscribing witness under oath instead of acknowledged. Deedly always uses the notarized route, which is what recorders expect.
With the County Recorder (the Circuit Clerk in most counties) in the county where the property is located, not where you live, and not where the buyer lives. Arkansas has 75 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No. Once a life estate deed is signed and delivered, the remaindermen hold a present interest and you can't sell, mortgage, or undo it without every one of them signing. If you want to keep control, look at a transfer-on-death deed instead.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Recorder (the Circuit Clerk in most counties) so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Often, yes. If you are married, your spouse must sign and be named in the notary acknowledgment to release dower or curtesy (Ark. Code Ann. §§ 18-12-402, 28-11-201) and, if the property is your homestead, homestead rights (§ 18-12-403). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- Arkansas quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Arkansas general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Arkansas special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Arkansas beneficiary deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- All deed rules for ArkansasRecording offices, transfer tax, witness rules, and fees.
- Arkansas recording officesWhere to file in each county.
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.