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Arkansas County, AR Probate Information
Quick facts
| Topic | Arkansas County information |
|---|---|
| Court | Arkansas County Circuit Court, probate division |
| Judicial circuit | Arkansas's Eleventh Judicial Circuit East |
| Northern District seat | 302 South College Street, Stuttgart, AR 72160 |
| Northern District phone | (870) 659-2098 ext. 1 |
| Northern District fax | (870) 659-2081 |
| Southern District seat | 101 Court Square, DeWitt, AR 72042 |
| Southern District phone | (870) 659-2099 ext. 1 |
| Southern District fax | (870) 659-2092 |
| Probate filings go to | Call the Stuttgart or DeWitt clerk before filing. Arkansas County has two districts, and the public local pages reviewed for this page do not identify whether the Circuit Clerk or County Clerk counter receives probate filings. |
| Hours | Call before going. Public counter hours were not published on the Arkansas County Circuit Clerk contact page. |
| Filing fee | $165.00 to open a decedent's estate, made up of the $150.00 uniform filing fee under A.C.A. § 21-6-403, last reprinted by 2013 Act 282 effective March 6, 2013, plus the $15.00 court technology fee under A.C.A. § 21-6-416, created by 2009 Act 328 effective March 9, 2009. The affidavit for collection of small estate by distributee costs $25.00 under A.C.A. § 28-41-101, unchanged by 2021 Act 423 approved March 23, 2021, plus $5.00 per certified copy under A.C.A. § 28-41-101. |
| Forms | The Arkansas Judiciary publishes the Official Probate Forms and statewide probate cover sheet. Ask the Arkansas County clerk whether either district has a local copy practice or instruction. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the clerk whether that court will register them and should be ready to file in person or by mail if needed. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides statewide circuit case information. Document access varies by court. |
| Remote appearance | Ask the clerk whether phone or video is permitted for the assigned setting and check the Eleventh East administrative plan. |
| Website | Arkansas County Circuit Clerk |
Before you begin — know the assets and liabilities
Before you choose a filing path, make a working list of the decedent's assets, debts, account holders, real property, vehicles, beneficiary designations, and unpaid bills. In Arkansas County, that first pass also helps you decide whether the Stuttgart or DeWitt district is the right place to start the estate settlement.
Sunset's 2,300-institution asset discovery can help find accounts before you file. That matters because Arkansas's small-estate affidavit rules and full administration paperwork depend on what property exists, what is owed, and whether a bank, buyer, or title company will require letters.
Which court handles jurisdiction
Probate for Arkansas County is filed in the probate division of the Arkansas County Circuit Court. Arkansas County is in Arkansas's Eleventh Judicial Circuit East, but the case is still filed at the Arkansas County courthouse location that applies to the decedent's district, not in another county.
Arkansas venue for probate and administration is governed by A.C.A. § 28-40-102. The main rule points to the county where the decedent resided at death, with alternate rules for a nonresident decedent's Arkansas property, a nonresident who died in Arkansas with no Arkansas property, and a nonresident who died outside Arkansas with no Arkansas property. In Arkansas County, A.C.A. § 28-1-102(a)(3) adds a dual-district rule: for a county with more than one district, the word county means district unless the law indicates otherwise. Call the Stuttgart or DeWitt clerk before filing to confirm which district applies.
If more than one Arkansas proceeding is started, A.C.A. § 28-40-102 says the first legally commenced proceeding controls while the circuit court determines venue, and a misfiled matter can be transferred to the proper county or district.
The jurisdiction process
- Gather the death certificate, the original will if one exists, account information, deed information, debts, and the names and addresses of heirs and beneficiaries.
- Check the five-year filing limit. Arkansas generally does not admit a will to probate or grant administration unless application is made within five years from death, subject to the statutory exceptions in A.C.A. § 28-40-103.
- Choose the filing path. If at least 45 days have passed and the estate qualifies, a distributee may use the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101, for property valued at $100,000 or less after encumbrances and excluding the homestead and statutory allowances. Otherwise, prepare a full administration filing.
- Prepare the Arkansas Judiciary probate form that fits the case, such as a petition for probate of will and appointment of personal representative or a petition for appointment of administrator, and add the statewide probate cover sheet.
- Before you go to the courthouse, call the Stuttgart number if the Northern District may apply or the DeWitt number if the Southern District may apply. Ask which district applies and whether the Circuit Clerk or County Clerk counter receives probate filings.
- File the petition and cover sheet at the correct Arkansas County location. The opening fee is $165.00, made up of $150.00 under A.C.A. § 21-6-403, last reprinted by 2013 Act 282 effective March 6, 2013, plus $15.00 under A.C.A. § 21-6-416, created by 2009 Act 328 effective March 9, 2009. If you cannot afford the fee, ask about proceeding in forma pauperis under Rule 72.
- Handle notice and any hearing. Under A.C.A. § 28-40-110, a hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise the court may set one. Ask the clerk how the assigned circuit judge handles phone or video requests.
- After the court appoints the personal representative, the clerk issues letters testamentary or letters of administration under the court's seal under A.C.A. § 28-48-102.
- Publish the notice of appointment and serve copies on heirs, devisees, and known or reasonably ascertainable unpaid creditors within one month after first publication, including Department of Human Services notice when required. Creditor claims are barred six months from first publication under A.C.A. § 28-40-111.
- Inventory the estate, collect assets, address valid claims, pay required taxes, distribute the remaining property, file the required accounting or closing papers, and seek discharge when administration is complete.
Forms and documents
Probate forms in Arkansas County
Start with the Arkansas Judiciary's Official Probate Forms and the statewide probate cover sheet. The statewide form set includes petitions, proof of will, bond, acceptance, designation of process agent, letters testamentary, letters of administration, notices, inventory, accounting, claim, and the affidavit for collection of small estate by distributee.
Arkansas County has two filing locations, so forms are only part of the local question. Before filing, call Stuttgart or DeWitt to ask which district applies, which clerk counter receives probate papers, how many copies to bring or mail, and whether that location uses any local instruction for the statewide cover sheet.
Local nuance
Arkansas County-specific considerations
| Local point | What it means for filing |
|---|---|
| Two districts | Arkansas County is one of the Arkansas counties with more than one district. For probate venue, A.C.A. § 28-1-102(a)(3) works with A.C.A. § 28-40-102 so the district can matter, not just the county. |
| Stuttgart and DeWitt | The Northern District seat is in Stuttgart at 302 South College Street. The Southern District seat is in DeWitt at 101 Court Square. Call before filing because the page should not guess which district covers the decedent's residence. |
| Probate counter | The local public pages used for this page did not state whether the Circuit Clerk or County Clerk receives probate filings. Ask the clerk which counter takes the filing before mailing papers or making a trip. |
| County name | Search results for Arkansas County can easily mix county-specific information with statewide Arkansas information. Use Stuttgart, DeWitt, or Arkansas County when asking questions or searching for local contact details. |
Recent updates
| Date | Update |
|---|---|
| January 1, 2026 | Legal Aid of Arkansas became the sole LSC-funded civil legal-aid provider statewide. Families may check eligibility through Legal Aid of Arkansas, but estate administration may fall outside its case priorities. |
| December 9, 2025 | The Arkansas Judiciary announced an Electronic Filing Rejection Policy for eFlex at efile.arcourts.gov under Administrative Order No. 21. |
| June 5, 2026 | The Arkansas Judiciary announced that subscription-based payment support in eFlex ends on this date, while other payment methods remain available. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Arkansas County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First confirm how the deed is titled and whether any asset still needs court authority. If an Arkansas County filing is needed, call Stuttgart or DeWitt to confirm the district. Homestead treatment and statutory allowances under A.C.A. § 28-39-101 can affect whether the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 is available. | Sunset helps organize the deed, account list, debts, and family information so the spouse can decide whether a court filing is needed for estate settlement. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate fits A.C.A. § 28-41-101, the adult child may be able to file the affidavit for collection of small estate by distributee with the probate clerk and use certified copies with banks or holders of property. If letters are needed, ask the clerk about filing by mail, eFlex access for a self-represented filer, and any phone or video request. | Sunset helps locate accounts, prepare the packet, and connect the family with Arkansas counsel if the clerk or an institution requires full administration. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 can include real property, but real property triggers publication and a creditor window. A sale often requires letters, so the parent should ask the correct Arkansas County district clerk what the title company will need. | Sunset helps assemble asset information, flag real-property issues, and connect the parent with a local probate attorney for the sale and estate settlement steps. |
Self-help resources
| Resource | How it helps | Link or phone |
|---|---|---|
| Arkansas County Circuit Clerk | Provides the Stuttgart and DeWitt courthouse contacts. Call to confirm the district, the filing counter, current hours, copy practice, and any phone or video request process. | arcocircuitclerk.com |
| Arkansas Judiciary Official Probate Forms | Provides the statewide probate form set and the statewide probate cover sheet used for Arkansas probate filings. | Official Probate Forms |
| Arkansas Law Help | Provides public legal information, including a small-estate packet that tracks A.C.A. § 28-41-101. | Arkansas Law Help small-estate packet |
| Search ARCourts | Provides statewide circuit case information at caseinfo.arcourts.gov/opad. Document access varies by court. | Search ARCourts |
| Legal Aid of Arkansas | Income-restricted civil legal-aid intake. Its published priorities may not include estate administration, so use it to check eligibility rather than assuming representation. | 1-800-952-9243, arlegalaid.org |
When to hire an attorney
A probate attorney makes sense when the estate includes real property to sell, unclear heirs, disagreement among family members, a late filing question, creditor issues, a nonresident personal representative, or uncertainty about whether Stuttgart or DeWitt is the right district. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families discover accounts, insurance, property clues, and debts so the estate settlement starts with a clearer picture of what exists.
Generate the probate packet. Sunset turns the asset and family information into an organized packet for the Arkansas County filing path, including the forms and local questions to confirm before filing in Stuttgart or DeWitt.
Find a local probate attorney. When the estate needs legal advice, a sale of real property, a contested issue, or full administration, Sunset connects the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, understand next steps, and prepare for the courthouse conversation without paying Sunset.
Frequently asked questions
Do I file an Arkansas County probate case in Stuttgart or DeWitt?
Call before filing. Arkansas County has a Northern District seat in Stuttgart and a Southern District seat in DeWitt. Because A.C.A. § 28-1-102(a)(3) works with the venue rule in A.C.A. § 28-40-102, the decedent's district can matter. The page should not guess the boundary for you.
Which clerk takes probate filings in Arkansas County?
The local public pages used for this page did not state whether the Circuit Clerk or County Clerk receives probate filings for Arkansas County. Call the Stuttgart location at (870) 659-2098 ext. 1 or the DeWitt location at (870) 659-2099 ext. 1 and ask which counter takes probate papers for the district that applies.
How much does it cost to open probate in Arkansas County?
The statewide opening fee is $165.00: $150.00 under A.C.A. § 21-6-403, last reprinted by 2013 Act 282 effective March 6, 2013, plus $15.00 under A.C.A. § 21-6-416, created by 2009 Act 328 effective March 9, 2009. The affidavit for collection of small estate by distributee costs $25.00 under A.C.A. § 28-41-101, unchanged by 2021 Act 423 approved March 23, 2021, plus $5.00 per certified copy under A.C.A. § 28-41-101.
Does Arkansas County have e-filing for probate?
Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the clerk whether that court will register them for e-filing in that particular case, and should also ask how to file in person or by mail if e-filing is not the right option.
Can I look up an Arkansas County probate case online?
Yes. Search ARCourts at caseinfo.arcourts.gov/opad provides statewide circuit case information. The Arkansas Judiciary says document availability varies by court, so do not assume every filing can be viewed online.
Will there be a hearing in an Arkansas County probate case?
Under A.C.A. § 28-40-110, a hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise the court may set one. Ask the clerk how the assigned circuit judge schedules and handles any appearance request.
Do I have to travel to Arkansas County if I live out of state?
Not every step starts with travel. Ask the Stuttgart or DeWitt clerk whether your filing can be mailed, whether eFlex registration is available to you in that court, and whether the assigned circuit judge will consider phone or video for a setting. Do not assume the answer until the clerk or judge gives instructions for your case.
What Arkansas County forms should I use?
Start with the Arkansas Judiciary's Official Probate Forms and the statewide probate cover sheet. Then call the correct Arkansas County district location to ask about local copy practice, mailing instructions, and whether that counter uses any additional local instruction.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.