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Calhoun County, AR Probate Information
Quick facts
| Topic | Calhoun County information |
|---|---|
| Court | Calhoun County Circuit Court, probate division |
| Probate filings go to | Calhoun County Circuit/County Clerk's office |
| Courthouse address | 309 W Main St, Hampton, AR 71744 |
| Mailing address | PO Box 1175, Hampton, AR 71744 |
| Phone | (870) 798-2517 |
| Fax | (870) 798-2428 |
| Hours | Call (870) 798-2517 before traveling for current counter hours, filing cutoffs, and copy-request timing. |
| Filing fee | $165.00 as of August 2026 to open a decedent's estate: $150.00 as of August 2026 under A.C.A. § 21-6-403 plus $15.00 as of August 2026 under A.C.A. § 21-6-416. The affidavit for collection of small estate by distributee costs $25.00 as of August 2026, plus $5.00 as of August 2026 per certified copy (A.C.A. § 28-41-101). |
| Local forms | Use the Arkansas Judiciary's official probate forms and statewide probate cover sheet. Before filing, ask the Hampton clerk counter whether it wants any local instruction sheet or extra copies. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A person filing without a lawyer should ask the Calhoun County Circuit/County Clerk's office whether this court will accept them in the electronic system, with in-person or mail filing as the fallback. |
| Case search | Search ARCourts at https://caseinfo.arcourts.gov/opad is the free statewide case-information search. Document availability varies by court. |
| Remote appearance | Ask the clerk before any hearing whether the circuit judge will allow phone or video, and check the Thirteenth Judicial Circuit's administrative plan for local practice. |
| Website | Calhoun County website: https://www.calhouncountyar.com/staff |
Before you begin — know the assets and liabilities
Before you file anything in Hampton, list the assets, debts, real estate, beneficiary designations, and accounts that actually need court authority. The right estate settlement path depends on what was owned in the decedent's name alone, whether there is an original will, and whether a personal representative, meaning an executor or administrator, is needed.
Sunset's 2,300-institution asset discovery can help families find accounts before choosing forms, paying the filing fee, or asking the Calhoun County Circuit/County Clerk's office about filing logistics. Better asset information usually means fewer amended filings during estate settlement.
Which court handles jurisdiction
Probate for Calhoun County is filed at the Calhoun County Courthouse in Hampton, in the probate division of the Calhoun County Circuit Court. The court sits in Arkansas's Thirteenth Judicial Circuit, but Calhoun County filings stay at the Calhoun County courthouse.
Arkansas venue for probate of a will or administration is generally the county where the decedent resided at death; if the decedent was not an Arkansas resident, venue follows the Arkansas property, the place of death, or a county where the personal representative may maintain a cause of action, depending on the facts (A.C.A. § 28-40-102). If more than one proceeding is started, the first-filed proceeding controls while venue is decided, and a case filed in the wrong county can be transferred rather than dismissed.
The jurisdiction process
- Find the death certificate, the original will if there is one, deeds, account statements, bills, and contact information for heirs and devisees.
- Check the Arkansas timing rule before preparing papers. A will generally cannot be admitted and administration generally cannot be granted unless the application is made within five years after death, subject to statutory exceptions (A.C.A. § 28-40-103).
- Choose the filing path. If 45 days have passed and the estate fits the affidavit for collection of small estate by distributee, including the $100,000 as of August 2026 cap measured less encumbrances and excluding the homestead and statutory allowances, use that court-filed affidavit path (A.C.A. § 28-41-101; A.C.A. § 28-39-101). Otherwise, prepare a petition for full administration or for probate of the will and appointment of a personal representative.
- Use the Arkansas Judiciary's official probate forms and add the statewide probate cover sheet. For a nonresident personal representative, include any required process-agent form from the official form set.
- File with the Calhoun County Circuit/County Clerk's office at the courthouse in Hampton or ask the clerk about mail filing. Pay $165.00 as of August 2026 to open a decedent's estate, made up of the $150.00 as of August 2026 uniform filing fee under A.C.A. § 21-6-403 and the $15.00 as of August 2026 court technology fee under A.C.A. § 21-6-416, or ask the court about proceeding in forma pauperis under Rule 72.
- Ask the clerk how the assigned circuit judge handles setting. A hearing is required if the petition is opposed or a demand for notice is on file, and otherwise the court may decide whether to set one (A.C.A. § 28-40-110).
- If a hearing is set, ask the clerk in advance whether the circuit judge will allow phone or video and whether the Thirteenth Judicial Circuit's administrative plan has a specific practice for that setting.
- After the circuit judge appoints the personal representative, the clerk issues letters testamentary or letters of administration under the court's seal when the required acceptance or bond step has been completed (A.C.A. § 28-48-102).
- Publish the notice of appointment, serve required copies on heirs, devisees, and known or reasonably ascertainable creditors within one month after first publication, and track the six months from first publication for creditor claims (A.C.A. § 28-40-111).
- Administer the estate: inventory assets, collect funds, handle valid claims and taxes, sell property if authorized, account to the court when required, distribute what remains, and seek final discharge.
Forms and documents
Probate forms in Calhoun County
Use the Arkansas Judiciary's official probate forms for decedent estates, including petitions, proof of will, bond, acceptance, letters testamentary, letters of administration, notices, inventory, accounting, and the affidavit for collection of small estate by distributee. The statewide probate cover sheet should be included with a new probate filing.
For Calhoun County, call the Calhoun County Circuit/County Clerk's office before filing to confirm copy requirements, payment method, and whether the Hampton counter wants any local instruction sheet with the statewide forms.
Local nuance
Calhoun County-specific considerations
| Local point | What it means in Calhoun County |
|---|---|
| One filing counter | Calhoun County uses a combined Circuit/County Clerk's office. Probate filings go to that combined office in Hampton. |
| Small county logistics | Call before traveling to confirm current counter hours, acceptable payment methods, copy timing, and whether a filing by mail is practical for your case. |
| Thirteenth Judicial Circuit | The circuit includes Calhoun, Cleveland, Columbia, Dallas, Ouachita, and Union counties, but a Calhoun County estate is filed at the Calhoun County courthouse unless venue belongs somewhere else under A.C.A. § 28-40-102. |
Recent updates
| Update | What changed |
|---|---|
| Legal help coverage | Legal Aid of Arkansas became the statewide civil legal-aid provider for all 75 Arkansas counties on January 1, 2026. Its statewide intake number is 1-800-952-9243. |
| Electronic filing | The eFlex Electronic Filing Rejection Policy for Arkansas courts took effect December 9, 2025, and eFlex subscription billing is scheduled to end June 5, 2026. The filing portal is efile.arcourts.gov. |
| Case search | Search ARCourts at caseinfo.arcourts.gov is the statewide public case-information portal for Arkansas circuit courts. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Calhoun County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and beneficiary designations before filing. If the home passes outside the estate, the Calhoun County filing may be limited to assets still titled only in the decedent's name. Homestead and statutory allowances can affect whether the affidavit path fits (A.C.A. § 28-39-101; A.C.A. § 28-41-101). | Sunset helps identify accounts, organize deed and title questions for counsel, and generate a filing plan for the Hampton clerk counter. |
| Out-of-state adult child with a small estate | If the Arkansas affidavit requirements fit and 45 days have passed, file the affidavit for collection of small estate by distributee with the Calhoun County Circuit/County Clerk's office, then use certified copies with banks or holders of property (A.C.A. § 28-41-101). If letters are needed, ask the clerk about hearing logistics before traveling. | Sunset helps gather account information, prepare the family for the right affidavit or petition path, and connect the child with Arkansas counsel if letters or a hearing are needed. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit path can reach real property if the statutory requirements fit, but real property adds publication steps and a creditor window under A.C.A. § 28-41-101. A sale often requires letters from a full administration, especially when a buyer, title company, or lender wants court authority. | Sunset helps find assets, flag title issues early, and connect the parent with a local probate attorney for sale authority and closing requirements. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Calhoun County Circuit/County Clerk's office | Confirms filing logistics, current counter hours, payment method, copy requests, mail filing, and hearing-setting questions for Calhoun County probate filings. | (870) 798-2517; PO Box 1175, Hampton, AR 71744 |
| Arkansas Judiciary official probate forms | Provides the statewide probate forms and cover sheet used for Arkansas probate filings. | https://arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Arkansas Law Help | Provides statewide legal information, including small-estate materials that track A.C.A. § 28-41-101. | https://arlawhelp.org |
| Search ARCourts | Lets you search statewide public case information without a login; document availability varies by court. | https://caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Income-restricted civil legal-aid intake. It may not take estate matters, but eligible families can check available help. | 1-800-952-9243; https://arlegalaid.org |
When to hire an attorney
A lawyer is especially useful in Calhoun County when the estate includes real estate to sell, a possible will contest, creditor pressure, an insolvent estate, or an out-of-state personal representative who may need help with Arkansas filings and hearing logistics. The clerk can accept filings and issue letters after appointment, but legal strategy, title questions, creditor disputes, and sale authority are lawyer work. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions, helps identify accounts that may need probate, and gives the family a clearer starting point for estate settlement.
Generate the probate packet. Sunset turns the family and asset information into an organized probate packet using the Arkansas forms and Calhoun County filing details, so you know what to take or mail to the Hampton clerk counter.
Find a local probate attorney. When the estate involves real estate, creditor disputes, missing heirs, tax questions, or a hearing, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If attorney help is needed, the attorney explains their own fees before work begins.
Frequently asked questions
Where do I file probate in Calhoun County, Arkansas?
File with the Calhoun County Circuit/County Clerk's office at the Calhoun County Courthouse in Hampton. Probate is handled in the probate division of the Calhoun County Circuit Court.
What is the filing fee to open a Calhoun County estate?
The filing fee is $165.00 as of August 2026: $150.00 as of August 2026 under A.C.A. § 21-6-403 plus $15.00 as of August 2026 under A.C.A. § 21-6-416. The affidavit for collection of small estate by distributee costs $25.00 as of August 2026, plus $5.00 as of August 2026 per certified copy (A.C.A. § 28-41-101).
Can I e-file a Calhoun County probate case?
Attorneys use eFlex at efile.arcourts.gov. If you are filing without a lawyer, ask the Calhoun County Circuit/County Clerk's office whether this court will accept you in the electronic system, and ask about in-person or mail filing if not.
Can I look up a Calhoun County probate case online?
Use Search ARCourts at https://caseinfo.arcourts.gov/opad. It is the statewide public case-information search for Arkansas circuit courts. Whether you can see documents, instead of only case information, depends on the court and the record.
Does Calhoun County have its own probate forms?
Plan to use the Arkansas Judiciary's statewide official probate forms and the statewide probate cover sheet. Before filing, call the Hampton clerk counter to ask whether any local instruction sheet, payment practice, or copy requirement applies.
Will there be a probate hearing in Calhoun County?
A hearing is required if the petition is opposed or a demand for notice has been filed; otherwise the court decides whether to set one (A.C.A. § 28-40-110). Ask the clerk how the assigned circuit judge is handling your filing.
Do I have to travel to Hampton for a probate hearing?
If a hearing is set, ask the Calhoun County Circuit/County Clerk's office whether the circuit judge will allow phone or video for that setting and whether the Thirteenth Judicial Circuit's administrative plan has a practice that applies.
How long do creditors have in an Arkansas probate?
After letters are granted, the personal representative must publish notice of appointment. Creditor claims are tied to six months from first publication under A.C.A. § 28-40-111, and required copies must also be served on heirs, devisees, and known or reasonably ascertainable creditors within one month after first publication.
Is there a deadline to start probate in Arkansas?
Yes. A will generally cannot be admitted and administration generally cannot be granted unless the application is made within five years after the decedent's death, subject to statutory exceptions (A.C.A. § 28-40-103).
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.