Title 26 — Taxation
51 chapters · 1,912 sections in this title.
Ark. Code Ann. § 26-59-101 Title
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This chapter may be cited as the “Estate Tax Law of Arkansas”.
Ark. Code Ann. § 26-59-102 Definitions
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(1) As used in this chapter:(1) “Decedent” includes the testator, intestate, grantor, bargainor, vendor, or donor;(2) “Executor” means the executor, administrator, curator, fiduciary, or custodian of property of a decedent, or if there is no executor, administrator, curator, fidu…
Ark. Code Ann. § 26-59-103 Chapter to remain in effect while United States Government imposes estate tax
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This chapter shall remain in force and effect so long as the United States Government retains in full force and effect, as a part of the revenue laws of the United States, the present federal estate tax, and this chapter shall cease to be operative when the federal credit for sta…
Ark. Code Ann. § 26-59-104 Federal rules of interpretation applicable
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When not otherwise provided for in this chapter, the rules of interpretation and construction applicable to the estate tax laws of the United States shall apply to and be followed in the interpretation of this chapter.
Ark. Code Ann. § 26-59-105 Administration and enforcement of chapter
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Except as otherwise provided in this chapter, the Secretary of the Department of Finance and Administration shall have jurisdiction and be charged with the administration and enforcement of the provisions of this chapter.
Ark. Code Ann. § 26-59-106 Amount of tax imposed — Resident estates
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(a) A tax is imposed upon the transfer of real estate and personal property of every kind owned by every person who at the time of death was a resident of the State of Arkansas, the amount of which shall be a sum equal to the federal credit allowable under the federal estate tax …
Ark. Code Ann. § 26-59-107 Tax imposed — Nonresident estates
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(a) A tax is imposed upon the transfer of all real, tangible, and intangible personal property located in the State of Arkansas of any nonresident of this state in a sum equal to the proportion of the federal credit allowable under the federal estate tax laws, 26 U.S.C. § 2001 et…
Ark. Code Ann. § 26-59-108 Exemptions
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(a) There shall not be imposed any estate taxes, inheritance taxes, or transfer taxes upon the succession of title to any property from any person, association, company, or corporation, whether resident or nonresident of this state, passing to or for the use of:(1) The State of A…
Ark. Code Ann. § 26-59-109 Estate tax returns generally
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(a) (1) Returns by Executor. In all cases in which the gross estate at the death of a citizen or resident of the United States exceeds one million dollars ($1,000,000) and a portion of the property comprising the gross estate is located in Arkansas, then the executor shall make a…
Ark. Code Ann. § 26-59-110 Estate tax returns — Contents
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(1) The executor at such times and in such manner as may be required by rules made pursuant to law shall also file with the Secretary of the Department of Finance and Administration a return under oath, setting forth:(1) A description and the value of the gross estate of the dece…
Ark. Code Ann. § 26-59-111 Estate tax return — Extension of filing time
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(a) Any person who requests and receives an extension of time in which to file a federal estate tax return, as provided by 26 U.S.C. § 6081, as amended and in effect on January 1, 2002, shall be granted an extension of time in which to file the Arkansas estate tax return for the …
Ark. Code Ann. § 26-59-112 Secretary to make return when no return filed
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If any executor, administrator, fiduciary, trustee, person, corporation, company, or association fails to make and file a return or list at the time prescribed by law or by rule made under authority of law, or makes, willfully or otherwise, a false or fraudulent return or list, t…
Ark. Code Ann. § 26-59-113 Payment — Time limitations — Federal election
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(a) The tax imposed by this chapter shall be due and payable nine (9) months after a decedent's death and shall be paid by the executor to the Secretary of the Department of Finance and Administration. (b) (1) (A) When the secretary finds that the payment on the due date of the t…
Ark. Code Ann. § 26-59-114 Payment of tax — Discharge of executor
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(a) The Secretary of the Department of Finance and Administration shall issue to the executor upon payment of the tax imposed by this chapter receipts in triplicate any of which shall be sufficient evidence of the payment, and shall entitle the executor to be credited and allowed…
Ark. Code Ann. § 26-59-115 [Repealed.]
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A.C.A. § 26-59-115Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 26-59-116 Payment of tax — Reimbursement to person paying tax
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(a) If the tax or any part thereof is paid or collected out of that part of the estate passing to or in possession of any person other than the executor in his or her capacity as such, the person shall be entitled to a reimbursement out of any part of the estate still undistribut…
Ark. Code Ann. § 26-59-117 Payment of tax — Executor's liability
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If any executor makes distribution either in whole or in part of any of the property of an estate to the heirs, next of kin, distributees, legatees, or devisees without having paid or secured the tax due the State of Arkansas under this chapter or obtained the release of the prop…
Ark. Code Ann. § 26-59-118 Payment of tax — Executor's right to sell real estate
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Every executor shall have the same right and power to take possession of or sell, convey, and dispose of real estate as assets of the estate for payment of the tax imposed by this chapter as the executor may have for the payment of the debts of the decedent.
Ark. Code Ann. § 26-59-119 Executor — Notice of appointment
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The executor within two (2) months after the decedent's death or within a like period after qualifying as executor, shall give written notice of his or her qualification as executor to the Secretary of the Department of Finance and Administration.
Ark. Code Ann. § 26-59-120 Duties of probate clerks — Information required
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(a) When letters of administration or letters testamentary are issued by any probate clerk of a county of the State of Arkansas, the probate clerk shall immediately advise the Revenue Division of the Department of Finance and Administration that such letters were granted, giving …
Ark. Code Ann. § 26-59-121 Corporate executors of nonresident decedents — Restrictions
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(a) If the executor of the estate of a nonresident is a corporation authorized, qualified, and acting as executor in the jurisdiction of the domicile of the decedent, it shall be under the same duties and obligations as to the giving of notices and filing of returns required by t…
Ark. Code Ann. § 26-59-122 Disposition and allocation of funds
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(a) All taxes, fees, penalties, and costs received by the Secretary of the Department of Finance and Administration under this chapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund, except that the amount of…