Introduction
Selling land in Arkansas can be straightforward — but when the property is tied up in probate, the process becomes more complicated.
Probate is the court-supervised process of settling a deceased person’s estate, including transferring ownership of their real estate. Until probate is complete, you can’t just sell the land as if it were yours.
The good news? With the right approach, you can sell land in probate — and sometimes start the selling process before probate even finishes. This guide will explain how.
Step 1: Understand What Probate Means for Land Sales
In Arkansas, when someone passes away owning property, the court appoints a personal representative (also called an executor or administrator) to handle the estate.
The probate process ensures:
- Debts and taxes are paid
- The correct heirs are identified
- Ownership is legally transferred
Step 2: Determine Who Has Authority to Sell
You can’t legally sell property in probate unless you are:
- The court-appointed personal representative, OR
- An heir who has received the court’s approval to sell
If you’re not sure who that is, check the probate court file. It will list the executor or administrator.
Step 3: Confirm the Type of Probate
In Arkansas, there are a few different types of probate processes:
Standard Probate:
Full court supervision; typically takes 6–12 months or longer.
Small Estate Affidavit:
For estates worth less than $100,000 (excluding homestead and exempt property). This can speed up transfers.
Summary Administration:
A faster process used in certain circumstances.
Knowing which process you’re in will help set realistic timelines.
Step 4: Get a Legal Description and Parcel Information
Even during probate, you’ll need:
- Parcel number (APN)
- Legal description from the deed
- County tax info
- Details about the land’s size, access, and utilities
This helps potential buyers assess value and make offers.
Step 5: Get Court Approval to Sell
If the property is still in probate, you may need:
- A petition to the court asking for permission to sell
- An order from the judge approving the sale
Sometimes the court will require the sale to be for fair market value and may want an appraisal.
Step 6: Choose How to Sell
List with a Realtor:
This works if the property is marketable, probate is nearly complete, and all heirs agree.
Sell Yourself (FSBO):
You’ll need to coordinate with the court and handle legal steps — which can be overwhelming.
Sell Direct to a Land Buyer:
Companies like Shamrock Lands will buy probate property as-is, work with the personal representative, and handle court requirements. This can speed up the process and reduce legal headaches.
Step 7: Close the Sale
Once the court approves:
- The buyer and seller sign a purchase agreement.
- The title company verifies ownership and prepares documents.
- The sale closes, with proceeds going into the estate account.
- The court approves the final distribution to heirs.
Common Challenges With Probate Land Sales
- Multiple heirs in different states – Coordinating signatures can be slow.
- Disputes over selling vs. keeping the land – The court may have to resolve disagreements.
- Unpaid taxes or liens – Must be cleared before the sale.
- Missing heirs – Can delay the process significantly.
How Shamrock Lands Helps Probate Sellers
We regularly work with heirs and personal representatives to:
- Make a cash offer within 24 hours
- Buy land before probate fully closes (with court approval)
- Handle title issues, taxes, and liens
- Close quickly through a licensed title company
- Work remotely with out-of-state heirs
Conclusion & Call to Action
Selling land in Arkansas that’s in probate takes extra steps, but it’s absolutely possible — and the sooner you start, the sooner you can move forward.
If you’re dealing with probate land, Shamrock Lands can guide you through the process, handle the paperwork, and make you a fair cash offer.Contact Shamrock Lands Today:
Website: www.shamrocklands.com
Email: damien@shamrocklands.com
Phone: 501-406-0051
