Choate Law Firm, PLLC

01/01/2026

🏡 A Will Isn’t Enough.
Is Your Land Headed to Probate?

Many Arkansas landowners assume their estate will automatically pass to family—but the truth is, a will alone does not avoid probate. How your land is titled, whether you have a trust, or if you rely on outdated planning tools can all affect whether your family ends up in court.

Take our Arkansas Probate Test to see if your land is protected—or headed to probate.

The Arkansas Probate Test
by Attorney Penny Choate Anderson
Choate Law Firm, PLLC, 515 South Main Street, Searcy, AR

Answer YES or NO to each question.
1. Do you own land or a home in Arkansas in your name alone?
• This includes farms, timberland, lake property, or mineral interests.
☐ YES ☐ NO

2. Is your property deeded without a survivorship designation?
Examples that do NOT avoid probate:
• “John Smith”
• “John Smith, a single person”
• “John Smith and Mary Smith” (without survivorship language)
☐ YES ☐ NO

3. Do you own property jointly, but not as “Joint Tenants with Right of Survivorship” or “Tenants by the Entirety”?
In Arkansas, how the deed is worded matters!
☐ YES ☐ NO

4. Have you not placed your land into a trust? This means literally deeding the property into the name of the trust.
Property owned individually—even with a will—generally goes through probate.
☐ YES ☐ NO

5. Do you rely on a will alone to transfer your land?
A will does not avoid probate in Arkansas—it can actually trigger it in some cases.
☐ YES ☐ NO

6. Do you have multiple heirs who would inherit the same land?
This often results in heirs’ property, fractional ownership, and court involvement.
☐ YES ☐ NO

7. Have you not recorded a Beneficiary Deed for your Arkansas real estate?
Arkansas law allows transfer-on-death deeds—but they must be properly executed and recorded before death. One of the most affordable means of keeping your land out of probate!
☐ YES ☐ NO

8. Would your family need court approval to sell or manage the land after your death?
If the answer is yes, probate is likely unavoidable.
☐ YES ☐ NO

Your Results!
• If you answered YES to even ONE question:

Warning: Your estate is likely headed to probate in Arkansas.
• If you answered YES to three or more questions:

Major warning: Probate is almost certain, and your family could face delays, legal costs, and court oversight.
• If you answered NO to all questions:

You may have successfully structured your estate to avoid probate—but professional legal review is still recommended.

Why This Matters for Arkansas Landowners/Homeowners
In Arkansas, probate can:
• Take months or years
• Become public record the world to see (It’s online and access is free)
• Require court approval to sell land/home
• Lead to family disputes
• Create long-term heirs’ property problems

A plan for 2026! Happy New Year!!!!
With the right planning tools under Arkansas law, many landowners can legally avoid probate altogether.

Important Disclaimer: This test is for educational purposes only and does not constitute legal advice. Arkansas estate law is highly fact-specific. Landowners/homeowners should consult a qualified Arkansas estate planning attorney to review their individual situation.

⚖️ Choate Law Firm, PLLC
Helping Arkansas families plan ahead, protect land, and keep estates out of probate court.

Contact CHOATE LAW FIRM, PLLC to review your estate and protect your legacy. (501) 305-4442
www.pennychoatelawfirm.com