Arkansas property deeds
Deed rules are state law, and Arkansas's differ from its neighbours 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
- Circuit Clerk and Recorder
- Witnesses
- Notary only
- Transfer tax
- $3.30 per $1
- First-page margin
- 3″ top
- Recording fee
- ~$15 first page
- E-recording
- Generally available
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. Recording one here wouldn't achieve 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 allows a deed to be proved by two subscribing witnesses as an alternative to a notarial acknowledgment. Deedly always uses the notarized route, which is what recorders expect.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | A spouse must join to release dower/curtesy and homestead rights (Ark. Code Ann. § 18-12-403). |
Arkansas document formatting rules
Circuit clerks and recorders in Arkansas expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
Arkansas transfer tax and recording fees
Arkansas charges Real property transfer tax at $3.30 per $1,000 of consideration. Customarily paid by the grantor. Documentary stamps must be affixed to the deed before recording unless an exemption applies.
Common exemptions: gifts with no consideration, transfers between spouses, and transfers to a revocable trust.
A form has to travel with the deed
Arkansas requires Real Property Transfer Tax Affidavit of Compliance with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $15 for the first page plus roughly $5 per additional page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
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 and, in most states that allow it, protection from one spouse's creditors.
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 Circuit Clerk and Recorder in the county where the property is located. Arkansas has 75 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
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 to release those rights even when the spouse's name is not on the deed. That is one of the most common reasons an Arkansas DIY deed fails.
- Arkansas calls a transfer-on-death deed a beneficiary deed (Ark. Code Ann. § 18-12-608).
- Real property transfer tax stamps must be on the deed before the Circuit Clerk will record it, unless an exemption is claimed on the face of the document.
From $39. 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 Circuit Clerk and Recorder 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.
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.
About $15 for the first page plus roughly $5 per additional page. Arkansas also charges real property transfer tax at $3.30 per $1,000 of consideration.
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
We provide self-help software and state-specific statutory 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.