Inheritance Law Protecting Your Assets, Securing Your Future

Inheritance Law in Arkansas

Elder Law Depth, Estate Planning Guidance, & a Team That’s Handled It Since 2013

Since 2013, AAPG Law has guided thousands of Arkansans through wills, trusts, probate, and the Medicaid planning questions that so often arise alongside inheritance decisions. Our foundation in elder law means we address concerns that many probate practices may not raise, including how Arkansas Department of Human Services (DHS) estate recovery can affect what heirs ultimately receive after a loved one receives long-term care benefits.

Arkansas has no state inheritance tax or state estate tax, but federal rules and Medicaid recovery rules can still reduce what passes to your family. We help clients understand and plan around both.

Schedule a free initial consultation with our team to review your situation. Call us at (888) 635-9081 or reach out online.

Why Arkansas Families Work with AAPG Law

Attorney Steven Underwood brings more than 20 years of legal experience to inheritance and estate matters. Combined with the legal team’s 30-plus years of collective experience, our firm handles everything from straightforward will preparation to complex Medicaid-related succession issues. CEO Ben Jones adds over 20 years as a licensed insurance producer, giving our team a financial planning perspective that many estate law practices don’t carry.

We’ve held an A+ rating with the Better Business Bureau since 2014. Clients have described our team as a “life-saver” and noted that we handled everything during some of the most difficult moments of their lives. That reputation reflects a practice centered on elder law and estate planning rather than a general practice where these matters are an afterthought.

How Arkansas Inheritance Law Works

When an Arkansas resident dies with a valid will, assets are distributed to the named beneficiaries after debts and creditor claims are settled. That process runs through probate, filed in the circuit court of the county where the decedent lived. Without a will, the estate passes through Arkansas intestate succession, sometimes called the Tables of Descents, and the state’s rules determine who inherits rather than the decedent’s preferences.

Key Rules for Intestate Estates

A few key rules govern how intestate estates are divided:

Survivorship requirement: A potential heir must outlive the decedent by at least 120 hours (five days) to inherit under Arkansas law (Ark. Code § 28-10-202)
Spouse without children: If there are no descendants and the couple was married at least three years, the surviving spouse inherits all intestate property
Spouse with children: The surviving spouse typically receives one-third of personal property and a life interest in one-third of real estate, with the remainder passing to descendants
Half-relatives: Half-relatives inherit the same share as full relatives under Ark. Code § 28-9-213

Probate & Non-Probate Assets

Estates valued at $100,000 or less may qualify for a simplified small-estate affidavit process rather than full probate. Assets with named beneficiaries, including life insurance, retirement accounts, and payable-on-death bank accounts, pass directly to those individuals outside of probate, whether or not a will exists.

Medicaid Estate Recovery in Arkansas

When a Medicaid recipient dies, Arkansas DHS may seek reimbursement from the decedent’s estate for long-term care costs paid by Medicaid. This process, known as Medicaid estate recovery, can significantly reduce what heirs receive if no planning was done ahead of time. Certain trusts and asset protection strategies can be relevant to how a family addresses recovery and what ultimately passes to heirs. No single approach guarantees a particular outcome, but Medicaid planning ahead can give families more options than acting after the fact.

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Hear From Families We've Helped

Our clients often say our services seemed too good to be true—until they saw the results. Read how we’ve helped families like yours protect their assets and plan for long-term care.

"Helpful, patient, kind and quick to help"
Stephanie Love has been so helpful, patient, kind and quick to help me navigate through the processes necessary to get my mom through the Medicaid process. I appreciate her and all she does.

- Catherine T.
"Very Professional"
Very professional and helpful. We would have been lost without them.

- Gary H.
"Highly Recommend"
Yes, I used AAPG when my mother went into a nursing home. Someone at the nursing home told me about AAPG. I looked them up online to see who they were and saw good ratings. So I gave them a call, and from there, they took care of everything. I couldn’t have done it by myself. I had nothing to worry about—they handled everything. I just want everyone to know they are good, decent people, and I would highly recommend them to anyone.

- Jimmy W.
"Awesome Experience"
My mom and I had an awesome experience with AAPG! Everyone is nice and helpful, and they were a life-saver in a time of need.

- Kristi B.
"Very Helpful"
I had a very good experience with AAPG. Their staff is very helpful. Prompt on returning calls, and all staff have been very nice and helpful. I would highly recommend this business if you need help with finances for nursing home placement.

- Jennifer S.
"Comfortable"
Ben and Steve were very helpful in explaining the process and making me feel comfortable every step of the way.

- Marianne S.
"Fantastic"
I didn't know where to start. I was grateful to learn about AAPG. I was at a loss and AAPG has been fantastic. They took the burden off my shoulders and I have already referred them to many families.

- Denese S.
"Thrilled"
I am thrilled that I didn't have to give up half of everything we owned to the nursing home. At the time, I didnt feel well and was so happy to have help regarding the Medicaid application. AAPG was a lot of help transferring and protecting property. I couldn't have completed the process alone, especially the way I was feeling.

- Robert P.

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Our Five-Step Process for Inheritance & Estate Matters

We use a structured five-step process so clients know where things stand. It starts with an initial call with our Business Development Coordinator, moves to an information-gathering meeting, and then our team develops a proposal tailored to your situation. After you review and sign the engagement agreement, we take over management of your matter from that point forward.

Here’s what that management includes:

No-cost initial consultation: We review your situation and walk through relevant planning or eligibility considerations
Asset review: A one-on-one assessment to identify appropriate protection strategies for your circumstances
Document preparation: We gather, draft, and execute wills, trusts, powers of attorney, deeds, contracts, and annuities
Medicaid application management: For clients with long-term care needs, we file the application and communicate with DHS on your behalf
Benefits coordination: Once eligibility is confirmed, we coordinate with long-term care facilities on your behalf
Ongoing support: We provide guidance on post-eligibility financial requirements and help clients navigate future changes

In-person appointments are available at five Arkansas locations. Fully remote and mobile service options are available for clients who prefer to handle everything from home.

Trusted Support for Families

For decades, families have trusted us to help them make informed decisions about their future with clarity and confidence.
Personalized Legal Guidance

Every situation is unique, and we take the time to understand your needs, offering tailored solutions for long-term care and estate planning.
Simplifying Medicaid Planning

Navigating Medicaid can be complex, but we handle the paperwork and planning so you can focus on what matters most.
Asset Protection That Works

We help you safeguard your savings, home, and other assets while ensuring you or your loved ones receive the care needed.

Take the First Step Toward Protecting Your Future

Planning for long-term care and asset protection doesn’t have to be overwhelming. Let AAPG Law guide you through the process with clarity and confidence. Contact us today to schedule your free consultation.

Reach Out

Inheritance Planning Tools for Arkansas Families

A well-drafted will lets you name your beneficiaries, designate an executor, appoint a guardian for minor children, and keep those decisions out of the state’s intestacy formula. Without one, Arkansas courts make those calls for you.

Beyond wills, several instruments can shape how an estate transfers and what heirs receive:

Revocable living trusts: Transfer assets outside of probate, which may reduce the time, cost, and public exposure of estate administration
Beneficiary designations: Accounts and policies with named beneficiaries pass directly to individuals without going through probate, making them a meaningful part of any inheritance plan
Asset protection strategies: Preserve savings and property while addressing long-term care and Medicaid eligibility requirements
Powers of attorney and deeds: Help ensure someone you trust can act on your behalf and that real property transfers according to your intentions

We also handle probate administration and succession matters, including those tied to elder care needs, so families don’t have to navigate that process alone.

Talk with Our Team About Your Inheritance Questions

Whether you’re planning ahead, managing an estate after a loss, or trying to understand how Medicaid recovery might affect your family, our free initial consultation can give you a clear picture of where you stand and what your options are.

We offer in-person appointments at offices in Cabot, Rogers, Little Rock, Fort Smith, and Fayetteville, along with fully remote and mobile service for clients across Arkansas. Call (888) 635-9081 or use our online contact form to schedule your consultation with AAPG Law.

What Happens to an Arkansas Estate Without a Will

When someone dies without a will in Arkansas, the circuit court appoints an administrator to manage the estate. Who inherits is determined entirely by the state’s Tables of Descents, with no written guidance from the person who died.

That often creates friction. Families may disagree about property distribution, the choice of personal representative, or guardianship of minor children, with nothing documented to resolve those disputes. The surviving spouse’s share depends on how long the couple was married and whether the decedent had children, which can produce results the family didn’t expect.

Intestate estates above the small-estate threshold still go through probate, adding time and cost to an already difficult process. For families where a loved one received Medicaid benefits for long-term care, a DHS recovery claim against the estate can further reduce what heirs receive.

Planning ahead with a will, trust, or related asset protection strategy can give an Arkansas family control over who inherits, who manages the estate, and how assets are positioned before and after death. Those decisions are often easier to make proactively than to untangle after the fact.

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Take the First Step Toward Peace of Mind

Call us at (888) 635-9081 or fill out the form below to get started.

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