Arkansas Scrivener's Error Affidavit
County Specific Legal Forms Validated as recently as May 26, 2026 by our Forms Development Team
About the Arkansas Scrivener's Error Affidavit
How to Use This Form
- Select your county from the list on the left
- 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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Scrivener's Error Affidavits in Arkansas
What happens when an important document like a deed or a mortgage has been recorded, and an error is spotted after the fact? What can you do to fix it? One option may be filing a corrective scrivener's affidavit.
A scrivener's affidavit is an instrument containing sworn statements by the affiant, or person making the affidavit, that sets forth the intent of the original document by correcting a non-material error in a document which has been recorded at an earlier date. The Arkansas statutes specifically state that scrivener's affidavits may be used to correct the following: the identification, marital status, heirship, relation, death, or the time of death of a person; the identification of a corporation or other legal entity;or the legal description to real property (A.C.A. 18-12-108).
Major, or material, changes to the substance of the document have a legal effect in how property is titled, and therefore require a new deed. Adding or removing a grantee, for example, or making significant modifications to the legal description, may require a new document. When in doubt about the gravity of an error and the appropriate vehicle to address it, consult with a lawyer.
In order to be valid, the affidavit must include the name of the person or entity that completed or prepared the original instrument, and the names of all parties to the original instrument (A.C.A. 18-12-108). If the person's name has changed in the time since the erroneous document was recorded, a new document is typically required. The affidavit must also include the recording information from the original instrument. And of course, the affidavit states a brief description of each error and the correction itself (A.C.A. 18-12-108).
Because a scrivener's affidavit is correcting another document where the transfer tax has already been paid, it is exempt from said transfer tax pursuant to A.C.A. 26-60-102(3). Contact a lawyer with questions if no tax was paid on the recorded document.
The affidavit must be executed and recorded by one of the individuals listed in A.C.A. 18-12-108 who were party to the original document. The affiant must sign the document in order for the correction to be valid (A.C.A. 18-12-108). It must also meet all state and local standards for recorded documents. Submit the completed affidavit at the circuit clerk's office in the county where the real property is located (A.C.A. 18-12-108).
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about scrivener's affidavits, or for any other issues related to real property in Arkansas.
(Arkansas Correction Deed 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
What Others Like You Are Saying
"Thank you for all your assistance and patience in doing the deed. I can honestly say that DEEDs.com …"
"Purchased the Warranty Deed package for $19.95 which included all the forms I needed including instr…"
"The forms were just what i needed and for the county i needed thankyou so much"
"AMazing service. Fast and affordable."
"Easy to use!"
Common Uses for Scrivener's Error Affidavit
- Correct the marital status listed on a deed
- Fix an incorrect parcel number or property address
- Clarify vesting information that was recorded incorrectly
- Re-record a document to correct formatting or content errors
- Correct a legal description error in a recorded document
Compare other Arkansas deed forms and documents
Important: County-Specific Forms
Our scrivener's error affidavit 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.