Transfer on death deed Arkansas (also called a beneficiary deed in Arkansas) is one of the simplest and most cost-effective ways for Arkansas homeowners to pass real estate directly to loved ones without probate. As an attorney who has drafted hundreds of these deeds for clients across the Natural State over the past decade, I’ve seen firsthand how this single document can save families thousands in probate fees and months of court delays.
In this comprehensive guide, you’ll discover exactly what is a beneficiary deed in Arkansas, who can use it, step-by-step filing instructions, and—most importantly—a completely free printable beneficiary deed Arkansas template that meets current Arkansas law (Ark. Code Ann. § 18-12-601 et seq.).
A Transfer on Death (TOD) deed—officially titled “Transfer on Death Deed” under Arkansas law—allows you to name one or more beneficiaries who automatically become owners of your Arkansas real property the moment you pass away. During your lifetime, you retain 100% ownership and control:
Upon your death, title transfers by operation of law—no probate required. This makes it dramatically different from joint tenancy with right of survivorship or a traditional will.
Source: Arkansas Code § 18-12-608 – Effect of transfer on death deed during transferor’s life
Source: Arkansas Code § 18-12-610 – Transfer on death deed nontestamentary
| Benefit | Explanation |
|---|---|
| Avoids Probate Entirely | Property passes instantly outside probate court |
| Remains Revocable | You can change or cancel anytime without beneficiary consent |
| No Gift Tax Issues | IRS treats it as passing at death, not as a lifetime gift |
| Medicaid Planning Friendly | Generally does not count as a transfer for Medicaid eligibility (consult elder-law attorney) |
| Simple & Inexpensive | Usually $20–$50 to record vs. thousands in probate |
Arkansas law is generous—virtually any owner of real property located in Arkansas may execute a TOD deed:
Limitations: You cannot use a TOD deed for property held in a living trust or LLC unless the trust or LLC itself executes the deed.
Below is my battle-tested, attorney-drafted free printable beneficiary deed Arkansas template that complies with Ark. Code Ann. § 18-12-601 through § 18-12-611 as of November 2025.
IMPORTANT DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Laws change and your situation may have unique facts. Always consult a licensed Arkansas attorney before executing any real estate document.
TRANSFER ON DEATH DEED (Arkansas – Revocable Transfer on Death Deed) State of Arkansas County of ____________ KNOW ALL PERSONS BY THESE PRESENTS: That I/We, ______________________________ (Grantor(s)), whose mailing address is ______________________________, for no consideration, do hereby convey and transfer to the following Grantee-Beneficiary(ies), effective on my/our death(s): Primary Beneficiary(ies): Name: ______________________________ Relationship: _______________ Percentage: _______% Address: ____________________________________________________________ Alternate Beneficiary(ies) (if Primary fails to survive): Name: ______________________________ Relationship: _______________ Percentage: _______% Address: ____________________________________________________________ the following described real property located in _______________ County, Arkansas: Legal Description: ________________________________________________________ (Attach Exhibit A if needed – must match deed under which you took title) Common Address: ______________________________, Arkansas __________ This Transfer on Death Deed is made pursuant to Arkansas Code Annotated § 18-12-601 et seq. and is revocable. This deed does not transfer any present interest and is ineffective until the death of the last surviving Grantor. RESERVATION OF RIGHTS: Grantor(s) expressly reserve the right to revoke or execute a new Transfer on Death Deed at any time without consent of the Grantee-Beneficiary(ies). EXECUTED this ____ day of ________________, 20___. __________________________________ __________________________________ Grantor Signature Grantor Signature (if joint) Print Name: ______________________ Print Name: ______________________ STATE OF ARKANSAS COUNTY OF _______________ On this ____ day of _______________, 20___, before me, a Notary Public, personally appeared the above-named Grantor(s), known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ________________________________________ Notary Public My Commission Expires: __________________
Download instructions: Highlight the entire form above → right-click → Print or Save as PDF.
Revoking is easy—simply record a signed, notarized Revocation of Transfer on Death Deed or execute and record a brand-new TOD deed naming different beneficiaries. The most recently recorded deed controls.
Source: Ark. Code Ann. § 18-12-607 – Revocation by instrument
Federal: No gift tax; beneficiaries receive stepped-up basis (IRC § 1014)
Arkansas: No state inheritance tax (repealed 2014)
Property Taxes: No reassessment trigger upon recording—only upon your death
Source: IRS Publication 559 – Survivors, Executors, and Administrators
Q: Can I name multiple beneficiaries?
A: Yes—specify percentages or equal shares.
Q: What if a beneficiary dies before me?
A: Name alternate/contingent beneficiaries or their share lapses to the others unless you update the deed.
Q: Does this affect my homestead property tax exemption?
A: No—exemption continues until your death.
Q: Can creditors go after the property after I die?
A: Yes—creditors have 90 days to file claims against the estate, but the property itself skips probate administration in most cases.
In my 10+ years helping Arkansas families avoid probate, the transfer on death deed remains the single most powerful yet underutilized tool available. When used correctly, it’s simple, inexpensive, and 100% effective.
Download the free printable beneficiary deed Arkansas template above, follow the recording instructions, and you’ll give your family the priceless gift of avoiding probate court.
This article is for general informational purposes only and is not legal advice. Estate planning laws change frequently. Always consult a licensed Arkansas attorney or title professional before executing any deed affecting real property.
Originally published November 2025 – verified current with Arkansas Code Title 18, Subtitle 2, Chapter 12, Subchapter 6.