Benton County Scrivener's Error Affidavit Form (Arkansas)

All Benton County specific forms and documents listed below are included in your immediate download package:

Scrivener's Error Affidavit Form

Benton County Scrivener's Error Affidavit Form

Fill in the blank Scrivener's Error Affidavit form formatted to comply with all Arkansas recording and content requirements.
Included Benton County compliant document last validated/updated 4/30/2024

Scrivener's Error Affidavit Guide

Benton County Scrivener's Error Affidavit Guide

Line by line guide explaining every blank on the Scrivener's Error Affidavit form.
Included Benton County compliant document last validated/updated 5/27/2024

Completed Example of the Scrivener's Error Affidavit Document

Benton County Completed Example of the Scrivener's Error Affidavit Document

Example of a properly completed Arkansas Scrivener's Error Affidavit document for reference.
Included Benton County compliant document last validated/updated 4/30/2024

When using these Scrivener's Error Affidavit forms, the subject real estate must be physically located in Benton County. The executed documents should then be recorded in the following office:

Benton County Circuit Clerk

215 E. Central Ave., Ste. 6, Bentonville, Arkansas 72712

Hours: 8:30 to 4:30 M-F

Phone: (479) 271-1017

Local jurisdictions located in Benton County include:

  • Avoca
  • Bella Vista
  • Bentonville
  • Cave Springs
  • Centerton
  • Decatur
  • Garfield
  • Gateway
  • Gentry
  • Gravette
  • Hiwasse
  • Lowell
  • Maysville
  • Pea Ridge
  • Rogers
  • Siloam Springs
  • Sulphur Springs

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Benton County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Benton County using our eRecording service.
Are these forms guaranteed to be recordable in Benton County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.

Can the Scrivener's Error Affidavit forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Benton County that you need to transfer you would only need to order our forms once for all of your properties in Benton County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Arkansas or Benton County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Benton County Scrivener's Error Affidavit forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

Our Promise

The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Benton County Scrivener's Error Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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