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Carroll County, AR Probate Information
Quick facts
| Topic | Carroll County details |
|---|---|
| Court | Carroll County Circuit Court, probate division |
| Probate filings go to | Carroll County Clerk's office, styled County & Probate Clerk |
| Berryville courthouse | 210 W. Church Ave., Berryville, AR 72616. Phone: 870-423-2022. |
| Eureka Springs courthouse | 44 S. Main St., PO Box 109, Eureka Springs, AR 72632. Phone: 479-253-8646. |
| Mailing | Use the applicable courthouse address. The Eureka Springs office publishes PO Box 109, Eureka Springs, AR 72632. |
| Fax | The County & Probate Clerk page does not publish a probate fax. Use the office phone before sending time-sensitive filings by fax. |
| Hours | 8:30 a.m. to 4:30 p.m., Monday through Friday, at both County & Probate Clerk offices. |
| Filing fee | $165.00 to open a decedent's estate, current on the Carroll County fee schedule dated as of June 1, 2026. The total is $150.00 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 approved March 9, 2009. The $25.00 affidavit for collection of small estate by distributee fee and $5.00 certified-copy fee are also listed on the June 1, 2026 Carroll County schedule and in A.C.A. § 28-41-101. |
| Local forms | Use the Arkansas Judiciary's 33 Official Probate Forms and the statewide probate cover sheet. Carroll County publishes a local County & Probate Clerk fee schedule. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the County & Probate Clerk whether this court will register them, and should use in-person or mail filing if directed. |
| Case search | Search ARCourts at caseinfo.arcourts.gov provides free statewide case information. Online document access varies by court. |
| Remote appearance | Ask the County & Probate Clerk before assuming a phone or video option. The circuit judge and the Nineteenth Judicial Circuit East administrative plan control hearing practice. |
| Website | carrollcounty.us/CountyClerk |
Before you begin — know the assets and liabilities
Before you file anything in Carroll County, identify the accounts, real estate, debts, vehicles, beneficiary designations and co-owned property. Probate is only one part of estate settlement, and the correct filing path depends on what actually needs court authority.
Sunset's asset discovery searches more than 2,300 financial institutions so families can locate accounts before choosing between a court petition and a small-estate affidavit under A.C.A. § 28-41-101. In Carroll County, also confirm with the County & Probate Clerk whether the Berryville or Eureka Springs office should receive the filing.
Which court handles jurisdiction
Probate for Carroll County is filed in Carroll County, in the probate division of the Carroll County Circuit Court. Carroll County sits in Arkansas's Nineteenth Judicial Circuit East, but that circuit label identifies the judges, not a filing counter outside the county.
Carroll County has two judicial districts: an Eastern District seated at Berryville and a Western District seated at Eureka Springs. Arkansas's venue rule is A.C.A. § 28-40-102, and in a county with more than one district, A.C.A. § 28-1-102(a)(3) makes county mean district unless the law indicates otherwise. That means the right Carroll County courthouse can depend on the decedent's district, so call the County & Probate Clerk in Berryville at 870-423-2022 or Eureka Springs at 479-253-8646 before filing.
Under A.C.A. § 28-40-102, venue is based first on where the decedent resided, then on Arkansas property, then on where the decedent died if there was no Arkansas residence or property, and finally on where a cause of action may be maintained by the personal representative. The first legally commenced proceeding controls statewide property, and a misfiled case is transferred rather than dismissed.
The jurisdiction process
- Collect the death certificate, the original will if there is one, asset information, debt information and the names and addresses of heirs and devisees. Use this estate settlement inventory to decide what authority is actually needed.
- Check the filing deadline. In Arkansas, no will may be admitted to probate and no administration may be granted 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 45 days have elapsed since death and the estate fits the current $100,000 figure, less encumbrances and excluding the homestead and statutory allowances, the affidavit for collection of small estate by distributee may be available under A.C.A. § 28-41-101, with the allowances addressed in A.C.A. § 28-39-101. Otherwise, prepare a petition for full administration.
- Prepare the Arkansas Judiciary probate form that matches the request, such as a petition for probate of will and appointment of personal representative or a petition for appointment of administrator. Add the statewide probate cover sheet.
- File with the Carroll County Clerk's office, styled County & Probate Clerk. Because Carroll County has Berryville and Eureka Springs district offices, call the clerk to confirm which office should receive the filing before you go or mail papers.
- Pay the filing fee or ask the court about a fee waiver. The Carroll County fee schedule dated as of June 1, 2026 lists $165.00 for probate, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416. An indigent person may ask to proceed in forma pauperis under Rule 72.
- Handle notice and any hearing setting. A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise is within the court's discretion under A.C.A. § 28-40-110. Ask the County & Probate Clerk how the circuit judge wants any appearance request handled.
- After appointment, the court appoints the personal representative and the clerk issues letters testamentary or letters of administration under the court seal under A.C.A. § 28-48-102. Use certified copies when banks, title companies or other third parties ask for proof of authority.
- Publish and serve the required notice after letters are granted. Claims are barred six months from the first publication under A.C.A. § 28-40-111, and copies must be served within one month after first publication on known heirs, devisees and reasonably ascertainable unpaid creditors, including the Department of Human Services when required.
- Administer and close the estate by collecting assets, preparing any inventory and accounting the court requires, paying valid debts and taxes, distributing property and seeking final discharge.
Forms and documents
Probate forms in Carroll County
Carroll County's County & Probate Clerk publishes a local fee schedule, but the probate petitions and related forms come from the Arkansas Judiciary's statewide form set. Use the 33 Official Probate Forms for the probate division and include the statewide probate cover sheet with a new filing.
| Form resource | How it is used in Carroll County |
|---|---|
| Arkansas Judiciary Official Probate Forms | Use the statewide probate forms for petitions, proof of will, bonds, 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. |
| Statewide probate cover sheet | Submit the probate cover sheet with the filing packet. |
| Carroll County County & Probate Clerk fee schedule | Use it to confirm the local cashiering amounts for probate filings and certified copies. The schedule is dated as of June 1, 2026. |
Fees
Carroll County publishes a County & Probate Clerk Current Fee Schedule dated as of June 1, 2026, and the probate entries match Arkansas law.
| Fee item | Amount |
|---|---|
| Open probate | $165.00 on the June 1, 2026 Carroll County schedule. The total is $150.00 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 approved March 9, 2009. |
| Affidavit for collection of small estate by distributee | $25.00 on the June 1, 2026 Carroll County schedule and under A.C.A. § 28-41-101. |
| Reopen probate | $50.00 on the June 1, 2026 Carroll County schedule and within the probate fee structure in A.C.A. § 21-6-413. |
| Probate accounting | $50.00 on the June 1, 2026 Carroll County schedule and within the probate fee structure in A.C.A. § 21-6-413. |
| Affidavit claim against estate | $5.00 on the June 1, 2026 Carroll County schedule and within the probate fee structure in A.C.A. § 21-6-413. |
| Certified copy | $5.00 on the June 1, 2026 Carroll County schedule and under A.C.A. § 28-41-101 for certified copies of the small-estate affidavit. |
Newspaper publication charges, bond premiums and professional fees are separate from the clerk's filing charges.
Local nuance
Carroll County-specific considerations
| Local point | What it means for a Carroll County filing |
|---|---|
| Two courthouse cities | Carroll County has a Berryville courthouse and a Eureka Springs courthouse. Because A.C.A. § 28-1-102(a)(3) makes county mean district in a dual-district county, and venue is governed by A.C.A. § 28-40-102, call the County & Probate Clerk before filing to confirm the correct office. |
| County & Probate Clerk filing counter | The Carroll County Clerk's office is styled County & Probate Clerk and files decedent estates. The separate circuit clerk page describes civil, criminal, domestic, juvenile and recording work, not probate filings. |
| Kings River note | The circuit clerk publishes an east and west filing rule using Kings River for circuit-court filings generally. The County & Probate Clerk page does not repeat that boundary for probate, so do not assume it controls a specific estate filing without calling the clerk. |
| Local fee schedule | Carroll County's County & Probate Clerk schedule dated as of June 1, 2026 lists probate filing and certified-copy amounts that match the Arkansas statutory fees. |
Recent updates
| Update | What changed |
|---|---|
| Legal Aid coverage | Legal Aid of Arkansas became the single statewide Legal Services Corporation funded provider for all 75 Arkansas counties on January 1, 2026. It is income-restricted and may not take estate matters. |
| eFlex rejection policy | The Arkansas Judiciary eFlex portal at efile.arcourts.gov lists an Electronic Filing Rejection Policy effective December 9, 2025. |
| eFlex billing | The Arkansas Judiciary eFlex portal at efile.arcourts.gov says subscription-based payments end June 5, 2026, while other payment methods remain available. |
| Search ARCourts | Search ARCourts at caseinfo.arcourts.gov is the statewide public case-information portal for circuit court case information. |
| Carroll County fee schedule | The County & Probate Clerk fee schedule is dated as of June 1, 2026 and lists probate filing charges used on this page. |
Scenarios
| Scenario | Likely Carroll County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming title, survivorship language, beneficiary designations and whether any asset actually needs court authority. If a filing is needed, call the County & Probate Clerk to confirm the Berryville or Eureka Springs office before filing. The small-estate affidavit may matter only if the estate fits A.C.A. § 28-41-101, including the current $100,000 figure reprinted unchanged by 2021 Act 423 approved March 23, 2021, and the homestead and statutory allowances are treated under A.C.A. § 28-39-101. | Sunset helps identify accounts, debts and title issues so the spouse does not open a larger estate settlement process than needed. |
| Out-of-state adult child with a small estate | If 45 days have elapsed and the estate qualifies under A.C.A. § 28-41-101, the affidavit for collection of small estate by distributee is filed with the Carroll County County & Probate Clerk, not sent first to a bank. A certified copy then goes to the institution holding property. If letters are needed, ask the clerk about the local filing office and any appearance request. | Sunset helps assemble the asset list, generate a probate packet and connect the child with local counsel if a full appointment is needed. |
| Parent settling predeceased child's estate, home must be sold | A small-estate affidavit under A.C.A. § 28-41-101 can include real property when the statutory requirements are met, but a sale often requires clear authority and title-company comfort. Full administration may be the practical path if letters testamentary or letters of administration under A.C.A. § 28-48-102 are needed to sell the home. | Sunset helps organize the real estate, debts, heirs and court forms, then connects the family to a Carroll County probate attorney when a sale needs court authority. |
Self-help resources
| Resource | How to use it |
|---|---|
| Carroll County Clerk's office, County & Probate Clerk | Berryville: 210 W. Church Ave., Berryville, AR 72616, 870-423-2022. Eureka Springs: 44 S. Main St., PO Box 109, Eureka Springs, AR 72632, 479-253-8646. Both offices list 8:30 a.m. to 4:30 p.m., Monday through Friday. Email: [email protected]. Use this office for decedent estate and small-estate filings under A.C.A. § 28-41-101. |
| Carroll County Circuit Clerk's office | This is a different office. It handles civil, criminal, domestic and juvenile court records and recording work. Do not use it as the probate filing counter unless the County & Probate Clerk directs you there. |
| Arkansas Judiciary Official Probate Forms | Use the statewide probate forms for petitions, letters, inventory, accounting and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. |
| Statewide probate cover sheet | Include the probate cover sheet with the filing packet. |
| Arkansas Law Help | Provides public legal information and a statewide small-estate packet tied to A.C.A. § 28-41-101. |
| Search ARCourts | Search case information at caseinfo.arcourts.gov. Document access varies by court. |
| Legal Aid of Arkansas | Statewide intake: 1-800-952-9243. It is income-restricted, and estate administration is not listed among its published priorities. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families find accounts, balances and debts before choosing a Carroll County estate settlement path.
Generate the probate packet. Sunset turns the family intake into the Arkansas probate forms, cover sheet and local filing checklist needed for the County & Probate Clerk.
Find a local probate attorney. If the estate needs court authority, a home sale, creditor strategy or a hearing request, Sunset connects the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the Carroll County filing path and get matched with professional help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Carroll County, Arkansas?
File with the Carroll County Clerk's office, styled County & Probate Clerk, in the probate division of the Carroll County Circuit Court. Carroll County has offices in Berryville and Eureka Springs, so call the clerk first to confirm which district office should receive the filing under A.C.A. § 28-40-102 and A.C.A. § 28-1-102(a)(3).
Is probate filed with the circuit clerk in Carroll County?
No. Carroll County has a separate circuit clerk, but the County & Probate Clerk files decedent estates. The circuit clerk handles other court records and recording work.
What does it cost to open a Carroll County probate?
The Carroll County schedule dated as of June 1, 2026 lists $165.00 for probate. That total is $150.00 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 approved March 9, 2009.
Can I file a small-estate affidavit in Carroll County?
Yes, if the Arkansas requirements are met. The affidavit for collection of small estate by distributee is filed with the County & Probate Clerk after 45 days have elapsed, if the estate fits the current $100,000 figure reprinted unchanged by 2021 Act 423 approved March 23, 2021, measured less encumbrances and excluding the homestead and statutory allowances, under A.C.A. § 28-41-101 and A.C.A. § 28-39-101. The Carroll County schedule dated as of June 1, 2026 lists the filing at $25.00 and certified copies at $5.00 under A.C.A. § 28-41-101.
Does Carroll County have its own probate forms?
Carroll County publishes a County & Probate Clerk fee schedule. For probate petitions and related documents, use the Arkansas Judiciary's statewide Official Probate Forms and the probate cover sheet.
Can I e-file probate papers in Carroll County?
Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Carroll County County & Probate Clerk whether this particular court will register them, and should follow the clerk's in-person or mail filing instructions if not.
Can I appear by phone or video for a Carroll County probate hearing?
Ask the County & Probate Clerk before making travel plans. Whether phone or video attendance is allowed is controlled by the circuit judge and the Nineteenth Judicial Circuit East administrative plan.
How do I look up a Carroll County probate case?
Use Search ARCourts at caseinfo.arcourts.gov. It provides free statewide case information for circuit courts, but online document availability varies by court.
How long do creditors have in an Arkansas probate?
After letters are granted, the personal representative publishes notice. Claims are forever barred six months from the first publication under A.C.A. § 28-40-111, with copies served within one month after first publication on known heirs, devisees and reasonably ascertainable unpaid creditors.
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.