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Benton County, AR Probate Information
Quick facts
| Topic | Benton County details |
|---|---|
| Court | Benton County Circuit Court, probate division |
| Probate filings go to | Benton County Clerk, probate counter, room 206, Benton County Courthouse, 102 NE A Street, Bentonville, AR 72712. Phone: 479-271-5727. |
| Courthouse address | Benton County Courthouse, 102 NE A Street, Bentonville, AR 72712 |
| Mailing address | No separate probate mailing address is published. Call 479-271-5727 before mailing papers. |
| Phone | 479-271-5727 for the county clerk's probate counter |
| Fax | 479-271-5719 is published as the circuit clerk's court fax, not as a probate filing line. |
| Hours | The probate counter is open 8 a.m. to 4 p.m. and closed 12 p.m. to 1 p.m. Call before traveling, because the county clerk's main office keeps different hours. |
| Filing fee | As of August 2026, $165.00 to open a decedent's estate: $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. As of August 2026, the affidavit for collection of small estate by distributee is $25.00 under A.C.A. § 28-41-101, plus $5.00 per certified copy under A.C.A. § 28-41-101. |
| Local forms | Benton County does not add a probate form of its own. Use the Arkansas Judiciary's official probate forms and statewide probate cover sheet. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the county clerk's probate counter whether that court will register them, and should use room 206 if electronic filing is not arranged. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is free and searchable by name or case number. Document availability varies by court. |
| Phone or video hearings | Ask the clerk. Whether phone or video participation is allowed is set by the circuit judge and the Nineteenth West Judicial Circuit's administrative plan under Administrative Order No. 14. |
| Website | bentoncountyar.gov/county-clerk/ |
Before you begin — know the assets and liabilities
Before you file in Benton County, make a clear list of the assets, debts, titles and beneficiaries. That list decides whether the family can use the affidavit route at the county clerk's probate counter or needs a full estate opened for letters. Sunset's asset discovery searches more than 2,300 institutions, which helps families start estate settlement with the financial picture instead of guesses.
Also check how each asset is titled. A jointly held home or an account with a beneficiary may not pass through the estate at all, while a house that must be sold often pushes the family toward letters from the court. In Benton County, careful estate settlement planning can prevent an unnecessary trip to the courthouse in Bentonville.
Which court handles jurisdiction
Benton County probate filings go to the county clerk's probate counter in room 206 at the Benton County Courthouse in Bentonville. The county clerk also has branch offices in Rogers and Siloam Springs, but Benton County publishes one probate counter, in Bentonville, and a reader who wants to use a branch should call 479-271-5727 first.
Benton County sits in Arkansas's Nineteenth West Judicial Circuit, and Benton County is the only county in that circuit. A circuit groups judges; it does not merge filing counters. A Benton County estate is filed at the Benton County Courthouse in Bentonville.
Arkansas venue is governed by A.C.A. § 28-40-102: file where the decedent resided at death, or, for a nonresident, where the greater part in value of the Arkansas property is located. If the decedent had no Arkansas residence or property but died in Arkansas, file where the death occurred. If none of those applies, file in a county where the personal representative may maintain a cause of action. The first legally commenced proceeding controls statewide, and a case filed in the wrong county is transferred rather than dismissed under A.C.A. § 28-40-102.
The jurisdiction process
- Gather the death certificate, the original will if there is one, and a list of the decedent's assets and debts.
- Check the Arkansas outer limit. A will must be offered for probate and administration must be applied for within five years of death under A.C.A. § 28-40-103.
- Choose the filing route. The affidavit for collection of small estate by distributee may be available once 45 days have passed and the property value, less encumbrances and excluding the homestead and statutory allowances under A.C.A. § 28-39-101, does not exceed $100,000 under A.C.A. § 28-41-101. Otherwise, prepare a full administration filing.
- Prepare the Arkansas Judiciary probate form that matches the case, such as the petition for administration or the petition for probate of will and appointment of personal representative, and add the statewide probate cover sheet.
- File with the Benton County Clerk's probate counter in room 206 at the Benton County Courthouse, 102 NE A Street, Bentonville. The counter is open 8 a.m. to 4 p.m. and closed 12 p.m. to 1 p.m., so call 479-271-5727 before making the trip.
- Pay the filing charge. As of August 2026, opening a decedent's estate costs $165.00, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416. As of August 2026, filing the affidavit for collection of small estate by distributee costs $25.00 under A.C.A. § 28-41-101. A court order under Rule 72 of the Arkansas Rules of Civil Procedure waives the charge for an indigent filer proceeding in forma pauperis.
- 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 is otherwise up to the court. Ask the clerk whether any hearing that is set can be handled by phone or video.
- After appointment, the circuit judge appoints the personal representative, and 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 promptly after letters are granted, and serve known heirs, devisees and creditors, including the Department of Human Services when required, within one month after first publication under A.C.A. § 28-40-111.
- File the inventory on the Arkansas Judiciary form, collect assets, manage claims and pay proper expenses.
- Wait out the Arkansas claims period. Claims are forever barred six months after the date of first publication under A.C.A. § 28-40-111.
- If Benton County real property is sold or distributed, handle the deed recording with the circuit clerk as ex officio recorder under A.C.A. § 14-14-502 at the land recording counter in the Benton County Administration Building.
- Finish with the accounting, final distribution and discharge papers, and order enough certified copies of the letters for banks, transfer agents and title companies.
Executor duties
| Local duty | Why it matters in Benton County |
|---|---|
| Use the county clerk's probate counter | Estate filings go to room 206 at the Benton County Courthouse, 102 NE A Street in Bentonville, on 479-271-5727. |
| Plan around the counter hours | The probate counter closes from 12 p.m. to 1 p.m. and closes for the day at 4 p.m. |
| Use the right office for land filings | Real-property deeds from the estate are recorded with the circuit clerk as ex officio recorder under A.C.A. § 14-14-502 at 215 East Central Avenue, room 202. |
| Order certified copies early | Banks, transfer agents and title companies often want their own certified copy of the letters. |
| Get legal advice from a lawyer | Benton County courthouse clerks can take filings and collect fees, but they do not give legal advice or prepare the petition for you. |
Forms and documents
Probate forms in Benton County
Use the Arkansas Judiciary's official probate forms for a Benton County estate. The set includes petitions, acceptance of appointment, letters testamentary, letters of administration, inventory, accounting and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101.
A statewide probate cover sheet, revised November 2023, goes with a new probate case. Benton County does not publish a county-specific probate form, checklist or probate cover sheet of its own. The county clerk's probate counter can tell you what it wants on top of the petition when you call 479-271-5727.
Fees
Benton County's published court-fee list prints $165.00, as of August 2026, for initiating a cause of action in circuit court. For a decedent's estate, that total must be read with both statewide statutes: $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416.
The same $165.00 total applies in Benton County and across Arkansas because A.C.A. § 21-6-403 does not let a county add a filing fee unless state law authorizes it. As of August 2026, an affidavit for collection of small estate by distributee costs $25.00 to file and $5.00 for each certified copy under A.C.A. § 28-41-101. The newspaper, not the court, sets the publication charge for notices.
Benton County publishes payment methods for the circuit clerk's counter, not for the county clerk's probate counter. Ask the probate counter at 479-271-5727 what payment it will accept.
Local nuance
Benton County-specific considerations
| Local point | What to do |
|---|---|
| Two elected clerks | Benton County elects both a county clerk and a circuit clerk. Probate belongs to the county clerk, whose page states that the probate division of the circuit court is under the county clerk's authority. |
| Separate county clerk locations | The county clerk's main office is in the Benton County Administration Building, room 217. The probate counter is in the courthouse, room 206. Go to the courthouse for probate. |
| Midday closure | The probate counter is open 8 a.m. to 4 p.m. and closed 12 p.m. to 1 p.m. Call 479-271-5727 before traveling. |
| Rogers and Siloam Springs branches | These are branch offices of the county clerk. They are not courthouses, and Benton County publishes one probate counter, in Bentonville. |
| Real-property deeds | If the estate needs a deed recorded, that task goes to the circuit clerk as ex officio recorder under A.C.A. § 14-14-502 at 215 East Central Avenue, room 202. |
Recent updates
| Change | Date | What it means for Benton County families |
|---|---|---|
| Legal Aid of Arkansas became the statewide civil legal-aid provider for all 75 Arkansas counties. | January 1, 2026 | Benton County residents use Legal Aid of Arkansas's statewide intake, 1-800-952-9243, but estate administration may not be a matter it accepts. |
| The Arkansas Judiciary's Electronic Filing Rejection Policy for eFlex filings took effect under Administrative Order No. 21. | December 9, 2025 | Attorneys and any approved electronic filers should follow the current eFlex rules at efile.arcourts.gov. |
| Subscription billing in eFlex is being discontinued. | June 5, 2026 | Other payment methods remain available through the eFlex system at efile.arcourts.gov. |
| Arkansas public case lookup moved to Search ARCourts at caseinfo.arcourts.gov/opad. | No date published | Use Search ARCourts for Benton County probate case information, while document access depends on the court record. |
Page last reviewed: August 2026.
Scenarios
| Persona | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. If survivorship or a beneficiary designation controls, the asset may not enter the estate. If a Benton County estate still must be opened, file at the county clerk's probate counter in room 206 with the Arkansas Judiciary forms and statewide probate cover sheet, paying $165.00 as of August 2026 under A.C.A. § 21-6-403 and A.C.A. § 21-6-416. For the affidavit route, the homestead and statutory allowances under A.C.A. § 28-39-101 are excluded from the calculation under A.C.A. § 28-41-101. | Sunset searches more than 2,300 institutions so the spouse can see what is jointly held, what is in the decedent's name alone and what has a beneficiary before choosing a filing route. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate qualifies under A.C.A. § 28-41-101, file the affidavit for collection of small estate by distributee with the Benton County Clerk's probate counter in room 206, then use certified copies with banks or holders of property. As of August 2026, filing costs $25.00 and certified copies cost $5.00 each under A.C.A. § 28-41-101. If full letters are needed, the Arkansas Judiciary has a Designation of Process Agent form for a nonresident personal representative. Call 479-271-5727 before mailing anything or assuming phone or video participation in a hearing. | Sunset assembles the account inventory and probate packet from a distance, so an adult child is not making repeated trips to Bentonville just to learn what the decedent owned. |
| Parent settling predeceased child's estate, home must be sold | The Arkansas affidavit route can include real property under A.C.A. § 28-41-101, but real property brings publication and a creditor window under that statute. A sale often requires letters, so the parent may need full administration filed at the county clerk's probate counter for $165.00 as of August 2026 under A.C.A. § 21-6-403 and A.C.A. § 21-6-416. After the court appointment, the clerk issues letters under A.C.A. § 28-48-102, and the deed work is handled through the circuit clerk as ex officio recorder under A.C.A. § 14-14-502. | Sunset helps identify the mortgage, insurance, utility accounts and liens tied to the home, then connects the family with a vetted Bentonville or Northwest Arkansas probate attorney for the sale. |
Self-help resources
| Resource | What it offers | Contact |
|---|---|---|
| Benton County Clerk, probate counter | Takes Benton County probate filings in room 206 of the Benton County Courthouse, 102 NE A Street, Bentonville. The counter is open 8 a.m. to 4 p.m. and closed 12 p.m. to 1 p.m. Staff can accept filings and answer procedural questions, but cannot give legal advice. | 479-271-5727, bentoncountyar.gov/county-clerk/ |
| Arkansas Judiciary probate forms | Official probate forms, including petitions, letters, inventory, accounting and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101, plus the statewide probate cover sheet. | arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Arkansas Law Help | Statewide public legal information, including a small-estate packet that explains filing the affidavit with the probate clerk under A.C.A. § 28-41-101. | arlawhelp.org |
| Search ARCourts | Free statewide case lookup by party name or case number. It shows case information, and document access varies by court. | caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Civil legal aid for income-eligible Arkansans in all 75 counties. Its published priorities do not list estate administration, so use it to check eligibility and ask whether help is available for your situation. | 1-800-952-9243, arlegalaid.org |
When to hire an attorney
A Benton County probate attorney is especially useful when a petition is contested, a demand for notice has been filed, a house must be sold, title companies need letters, the will may be challenged, debts exceed obvious assets, or a personal representative is handling a Bentonville filing from outside Arkansas. Courthouse clerks can receive papers and collect fees, but they cannot give legal advice or prepare the petition. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions, insurers and benefits sources so the family can see what exists, how it is titled and whether Benton County estate settlement is needed at all.
Generate the probate packet. Sunset helps turn the asset list into a filing packet using the Arkansas Judiciary's probate forms and the statewide probate cover sheet, with local Benton County filing instructions for the county clerk's probate counter.
Find a local probate attorney. When a sale, dispute, creditor issue or out-of-state representative makes the estate more complex, Sunset connects the family with a vetted Bentonville or Northwest Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, find accounts, prepare the next steps and get attorney introductions without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Benton County, Arkansas?
File with the Benton County Clerk's probate counter in room 206 of the Benton County Courthouse, 102 NE A Street, Bentonville, AR 72712. The phone number is 479-271-5727. The case is in the probate division of the Benton County Circuit Court.
Is the probate clerk in Benton County the circuit clerk or the county clerk?
The county clerk. Benton County has separate elected clerks, and the county clerk holds the probate division of the circuit court. The circuit clerk handles civil, domestic and criminal court records and land recording work, so its 479-271-1015 line is not the probate line.
What are the probate counter's hours in Benton County?
The county clerk publishes the probate counter as open 8 a.m. to 4 p.m. and closed from 12 p.m. to 1 p.m. The county clerk's main office at 215 East Central Avenue keeps different hours, so call 479-271-5727 before traveling.
Can I file probate papers at the Rogers or Siloam Springs branch?
Benton County publishes one probate counter, in Bentonville. Rogers and Siloam Springs are county clerk branch offices, not courthouses. Call 479-271-5727 before taking probate papers to a branch.
What does it cost to open a probate case in Benton County?
As of August 2026, opening a decedent's estate costs $165.00: $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. As of August 2026, the affidavit for collection of small estate by distributee costs $25.00 under A.C.A. § 28-41-101, plus $5.00 for each certified copy under A.C.A. § 28-41-101. A court order under Rule 72 of the Arkansas Rules of Civil Procedure waives the charge for an indigent filer proceeding in forma pauperis.
Can I e-file a Benton County probate case if I do not have a lawyer?
Attorneys use eFlex at efile.arcourts.gov. The portal registers a self-represented litigant only in a particular court, so ask the Benton County Clerk's probate counter at 479-271-5727 whether that court will register you. If not, use the counter in room 206.
Does Benton County have its own probate forms?
Benton County does not publish its own probate forms. Use the Arkansas Judiciary's official probate forms and the statewide probate cover sheet. Ask the county clerk's probate counter what it wants on top of the petition.
Will there be a hearing on my Benton County probate petition?
Under A.C.A. § 28-40-110, a hearing is required if the petition is opposed or if a demand for notice has been filed, and is otherwise up to the court. Benton County does not publish probate hearing days or waiting times. The clerk can tell you what has been set in your case and whether the circuit judge will allow phone or video participation.
How do I look up a Benton County probate case online?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It is free and searchable by party name or case number. It shows case information, while access to actual documents varies by court.
Do I have to travel to Bentonville to settle a Benton County estate?
The filing counter is in Bentonville at 102 NE A Street. Whether papers can be mailed, whether a branch can accept anything, and whether a hearing can involve phone or video participation are questions for the county clerk's probate counter at 479-271-5727. A personal representative who lives outside Arkansas can use the Arkansas Judiciary's Designation of Process Agent form.
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.