Arkansas property deeds
Deed rules are state law, and Arkansas's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- 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
Deeds Arkansas recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Beneficiary deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Arkansas does not recognize lady bird deeds, so recording one here may not do what you want.
How a deed has to be signed in Arkansas
Arkansas requires the grantor's signature to be acknowledged before a notary public. No witnesses are required. 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.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Required: the preparer's name and address on page one (Ark. Code Ann. § 14-15-403). Deedly prints it. |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | 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). |
Arkansas document formatting rules
A safe layout for Arkansas is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the county recorder's stamp, 1-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Arkansas document to. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Arkansas recorders require 8.5 × 11 inch paper, a 2.5-inch margin at the top right of page one for the recorder's file mark, half-inch margins on the sides and bottom of every page, and a 2.5-inch blank margin at the bottom of the last page (Ark. Code Ann. § 14-15-402(b)). A document that misses them can be refused, or recorded for $25 more (Ark. Code Ann. § 21-6-306). Arkansas sets no minimum type size; the document must be legible.
Arkansas transfer tax and recording fees
Arkansas charges Real property transfer tax at $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.
Common exemptions: 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)).
The transfer tax affidavit and the grantee's certification
Arkansas requires the Real Property Transfer Tax Affidavit of Compliance, signed by the grantee, with any deed that transfers title, including gifts, unless the deed is clearly exempt on its face. The deed must also show, signed by the grantee or the grantee's agent, that the correct documentary stamps are attached or that no tax is due, with the grantee's address (Ark. Code Ann. §§ 26-60-107, 26-60-110). Deedly prints that certification on every Arkansas deed. Recorders reject deeds that have neither the affidavit nor the grantee's certification. A beneficiary deed is exempt and needs neither.
Recording fees run $15 for the first page and $5 per additional 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.
See how Arkansas's transfer tax and recording fee compare with other states.
How to hold title in Arkansas
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship. In Arkansas a creditor of one spouse can have that spouse's right of survivorship and half of the rents sold, but cannot put the other spouse out of the home (Morris v. Solesbee, 48 Ark. App. 123 (1995)).
Dower or curtesy still applies here
Arkansas retains dower and curtesy. A married grantor's spouse must join to release those rights, even if the spouse is not on the deed.
Where to record a deed in Arkansas
Deeds are recorded with the County Recorder (the Circuit Clerk in most counties) in the county where the property is located. Arkansas has 75 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Pulaski · Benton · Washington · Saline · Sebastian · Faulkner · Craighead. all Arkansas recording offices
Why deeds get rejected in Arkansas
- 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)).
From $29. Every Arkansas rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Recorder (the Circuit Clerk in most counties) in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance. The grantor must present the deed at the recorder's office with photo ID, or mail it with a photocopy of the grantor's ID (Ark. Code Ann. § 14-15-403(f)).
No. Arkansas does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
$15 for the first page and $5 per additional page. Arkansas also charges real property transfer tax at $3.30 per $1,000 of consideration, or fraction of $1,000, when the consideration is more than $100.
Yes. The statute is Ark. Code Ann. § 18-12-608. Arkansas calls it a beneficiary deed. It must be recorded before the owner's death to be effective.
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.
- Arkansas recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
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.