Revoking a Beneficiary Deed in Arkansas

Beneficiary deeds in Arkansas are governed by A.S.A. 18-12-608. This statute also includes information about revoking an executed and recorded beneficiary deed.

Section 18-12-608 (d)(1) states that a beneficiary deed "may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the beneficiary deed." Why is this flexibility important? Well, life is uncertain and circumstances change. The original beneficiary may no longer be an appropriate recipient of the real property. Perhaps the beneficiary knows about the transfer, but is unable or unwilling to accept it. Instead of disclaiming the gift when the owner dies, thus forcing the property back into the estate for probate, the owner has the option to revoke the beneficiary deed and designate someone else to receive it.

Regardless of the reason, to revoke a beneficiary deed, the owner must execute a document setting forth the revocation and then record it, DURING HIS/HER LIFE, in the county where the property is situated. This should be the same county where the beneficiary deed was recorded earlier.

The owner may also simply sell the property outright, thereby extinguishing any remaining interest in it and leaving nothing to transfer at death. Or, he/she may execute and record another beneficiary deed, naming someone else to receive the real estate. This method is effective because "the recorded beneficiary deed that is last signed before the owner's death is the effective beneficiary deed, regardless of the sequence of recording." ( 18-12-608(e))

Even though there are several options available to revoke or change a recorded beneficiary deed, recording a revocation is the most efficient way to ensure the owner's wishes are carried out. A revocation discontinues the potential future interest described in the beneficiary deed, which then frees the real estate for whatever the owner wishes to do with it next. This is also important because it helps maintain a clear chain of title, which will make later sales or mortgages of the property less complicated.

Note: as with beneficiary deeds, any changes or revocations must be executed and recorded while the owner is alive.

(Arkansas Beneficiary Revocation Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Beneficiary Deed Revocation

Replace a beneficiary who has predeceased you
Retain full control of your property during your lifetime
Transfer property automatically at death without probate
Change a previously named property beneficiary
Name your children as beneficiaries of your real estate
Name a trust as the beneficiary of your real property

Compare other Arkansas deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Scrivener's Error Affidavit Statutory Durable Power of Attorney Specific Power of Attorney for the Sale of Property Limited Power of Attorney for the purchase of Property Mortgage Secured by Promissory Note Satisfaction of Mortgage Satisfaction Affidavit Deed of Trust and Promissory Note Deed of Trust with Installment of Taxes and Insurance Satisfaction of Deed of Trust Assignment of Mortgage or Deed of Trust Substitute of Trustee for Deed of Trust Purchasers Agreement (Cash Terms) Purchaser's Agreement (with installment payments) Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Easement Deed Termination, Cancellation of Easement / Right of Way Personal Representative Deed Beneficiary Deed Disclaimer of Interest Notice to Owner Notice of Intent to File Affidavit of Service Claim of Mechanics Lien Waiver of Mechanic Lien Release of Mechanic Lien Lis Pendens Lis Pendens Release Certificate of Trust Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our beneficiary deed revocation forms are specifically formatted for each county in Arkansas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

Back to Arkansas Forms