Arkansas Survivor Benefits Checklist

Nobody reads a survivor benefits guide before they need it. Most people find a page like this two or three days after a death, sitting at the kitchen table with a stack of mail they do not understand and no idea where to start. This checklist is built for that moment.

The defining feature of Arkansas survivor benefits is that no single agency coordinates the others. Filing your claim with APERS does not notify ATRS. Getting approved for the homestead credit does not alert the workers' compensation commission. Every category below requires a separate, proactive action by you. Miss the window on one and you may forfeit it permanently.

First 7 Days: Documents and Stop-Loss Actions

Everything else depends on certified death certificates. Order 10 to 15 copies from the Arkansas Department of Health Vital Records Section right now. The cost is $10 for the first copy and $8 for each additional copy ordered at the same time. Online requests carry a $5 processing fee plus a $1.85 LexisNexis identity verification fee. Use Form VR-8. If the decedent was a veteran, also request Form VR-40, which entitles the family to one free copy designated for VA benefit claims.

That many copies sounds excessive. It is not. APERS, ATRS, the Social Security Administration, the Workers' Compensation Commission, every financial institution, and every insurance carrier requires a certified original. Photocopies are rejected.

While you are gathering documents, halt automatic deposits. If the deceased received a monthly pension from APERS, ATRS, or ASPRS, notify the relevant retirement board immediately. Social Security deposits that land after the date of death trigger aggressive federal clawback actions that can temporarily freeze your joint checking account during the recovery process. Halt the deposits first; the retroactive correction comes later.

Statutory Allowances for the Surviving Spouse

These are the fastest protections available, and they exist independent of the will.

Under Arkansas Code § 28-39-101, the surviving spouse is immediately entitled to:

• $4,000 personal property allowance — taken against other distributees, or $2,000 if claimed specifically against estate creditors
• All household furniture and goods necessary for continuing to occupy the family dwelling
• Sustenance allowance — up to $1,000 total, payable over the first two months after death to cover basic living expenses

These allowances bypass creditor freezes and probate delays. Petition the probate court to formally assign them as soon as the estate is opened. They do not distribute themselves.

State Pension Systems

If the deceased was a public employee, teacher, municipal police officer, or firefighter, their pension does not activate survivor payments automatically. You must report the death and request the applicable forms.

APERS (Arkansas Public Employees Retirement System). Call 501-682-7800 to report the death. APERS dispatches an eligibility questionnaire. Survivor benefits are effective on the first day of the calendar month following the month of death — prompt notification ensures no gap. If the member had 10 or more years of actual service, a non-taxable lump-sum death benefit between $6,667 and $10,000 is available. The surviving spouse qualifies for an ongoing annuity if married to the member for at least six continuous months prior to death. The standard formula allocates 67% of the member's accrued benefit to be split between the surviving spouse and any eligible dependent children.

ATRS (Arkansas Teacher Retirement System). Contact ATRS to report the death and request a Survivor Application. The surviving spouse must have been married to the teacher for at least one full year. If the member had 28 or more years of service or had reached age 60, benefits begin immediately. Otherwise, benefits are deferred until what would have been the member's 60th birthday. The critical deadline: if you file within six calendar months of the death, ATRS pays retroactively to the first month after death. File after that window and benefits only begin when your application arrives.

LOPFI (Local Police and Fire Retirement System). If the member selected the B75 benefit option, the designated surviving beneficiary receives 75% of the member's reduced lifetime annuity. LOPFI requires an annual Life Verification form returned by July 1 every year. Missing that filing suspends all benefit payments immediately.

ASPRS (Arkansas State Police Retirement System). The surviving spouse receives 50% of the retirant's pension if there are no dependent children, or shares in a 75% annuity pool if dependent children remain under care.

For a full walkthrough of each pension system, see the dedicated posts on APERS and state employee pensions, ATRS teacher retirement, and LOPFI and ASPRS public safety benefits.

Health Insurance Continuation

This is the most time-sensitive item on the checklist.

If the deceased worked for an employer with 20 or more employees, federal COBRA applies. You have 60 days to elect continuation coverage and can maintain it for up to 36 months.

If the deceased worked for a smaller employer — which covers a significant portion of Arkansas workers — state Mini-COBRA applies instead under A.C.A. § 23-86-114. The differences are dramatic: continuation is capped at 120 days, and you have only 10 days from receiving the termination notice to elect coverage. Missing that window permanently forfeits the right to Mini-COBRA continuation.

Contact the employer's HR department immediately to determine which law governs. If coverage lapses or Mini-COBRA runs out before you find replacement coverage, apply through Access.Arkansas.gov for ARHOME Medicaid or through the federal ACA marketplace.

Workers' Compensation Death Benefits

If the death was work-related, the surviving spouse is entitled to a weekly benefit equal to 35% of the decedent's pre-injury average weekly wage, up to $953 per week (the 2026 cap based on 85% of the state Average Weekly Wage of $1,120.68). Each dependent child receives an additional 15% per week. The estate is also eligible for up to $6,000 reimbursement of actual funeral expenses.

The employer must file Forms AR-D and AR-W with the Death and Permanent Total Disability Trust Fund within 30 days of a work-related fatality. The surviving family must separately file a formal claim with the Arkansas Workers' Compensation Commission. The statute of limitations is two years from the date of death — absolute and unforgiving.

Property Tax Relief

None of these benefits transfer automatically upon a death. You must proactively notify the county assessor.

Amendment 79 Homestead Credit: Provides up to $600 annual credit against property taxes. Re-file with the county assessor in your own name by October 15 of the applicable year.

100% Disabled Veteran exemption: If the deceased was a 100% service-connected disabled veteran, the surviving spouse inherits a complete exemption from state homestead and personal property taxes — provided you remain unmarried. Submit the VA Summary of Benefits letter to the county assessor by October 15 every year. Miss one filing and you receive a full property tax bill the following year. If you remarry, the exemption ends permanently.

Over-65 property value freeze: If the deceased was 65 or older, they may have had their property assessment frozen against future increases. Contact the county assessor to confirm whether that protection transfers to you.

Public Safety Line-of-Duty Benefits

If the deceased was a law enforcement officer, firefighter, correctional officer, or forestry officer who died as the result of a criminal act in the line of duty, the Arkansas State Claims Commission adjudicates a $150,000 lump-sum death benefit for the surviving family. Municipal employers additionally pay a $50,000 benefit plus the cash value of all accrued sick and vacation leave. The state's $25,000 death benefit applies separately when an Arkansas State Police officer dies in the course of employment.

Dependents of officers killed or permanently disabled in the line of duty are also eligible for the LEO Dependents Scholarship, covering tuition, fees, and room and board at any Arkansas public college or university for up to eight semesters.

Dependent Child Annuities

Children of deceased APERS and ATRS members receive a share of the survivor annuity. Both systems define a dependent child as unmarried, under age 23, and enrolled full-time as a student if between 18 and 23. The benefit ends permanently when the child turns 23 — with one critical exception: a child declared physically or mentally incapacitated by a court of competent jurisdiction continues receiving annuity payments for life, regardless of age. This exception requires a formal judicial incapacity determination, not just medical records. See the dedicated post on dependent child survivor benefits for documentation requirements.

State Assistance Programs

If the death causes significant income disruption, a single application at Access.Arkansas.gov covers SNAP food assistance, Transitional Employment Assistance (TEA) cash benefits, and ARHOME Medicaid health coverage.

Unclaimed Property

Check the Arkansas Auditor of State's "Great Arkansas Treasure Hunt" at artreasure.gov for any dormant accounts, unpaid wages, or utility deposits under the decedent's name. These often surface months after a death.

Deadline Summary

The Arkansas Survivor Benefits Navigator covers each category above in detail — with the exact forms, agency contact information, eligibility criteria, and a pre-built deadline calendar organized chronologically from the day of death through the end of the first year.

See more Arkansas guides →