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Crittenden County, AR Probate Information
Quick facts
| Item | Crittenden County details |
|---|---|
| Court | Crittenden County Circuit Court, probate division |
| Probate filings go to | Crittenden County Clerk, 100 Court Square, Marion, AR 72364 |
| Phone | (870) 739-4434 |
| Fax | (870) 739-3072 |
| [email protected] | |
| Mailing address | Call the Crittenden County Clerk before mailing probate papers. |
| Hours | Call the Crittenden County Clerk before visiting; the county clerk page does not list public counter hours. |
| Judicial circuit | Second Judicial Circuit, serving Clay, Craighead, Crittenden, Greene, Mississippi and Poinsett counties. Crittenden County probate is still filed at the Marion courthouse. |
| Filing fee | $165.00 to open a decedent's estate, as of August 2026: $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. The affidavit for collection of small estate by distributee is $25.00, plus $5.00 per certified copy, as of August 2026 (A.C.A. § 28-41-101). |
| Forms | Use the Arkansas Judiciary's Official Probate Forms and statewide probate cover sheet. Ask the Crittenden County Clerk whether any Crittenden County instruction sheet is required. |
| E-filing | Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the Crittenden County Clerk whether this court will register them and what in-person or mail filing steps apply. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides statewide case information. Document availability varies by court. |
| Remote appearance | Ask the Crittenden County Clerk and check the Second Judicial Circuit administrative plan before relying on phone or video for any hearing. |
| County website | crittendencountyar.org |
Before you begin — know the assets and liabilities
Start the Crittenden County estate settlement by identifying the decedent's assets, debts, title documents, beneficiary designations and any original will. That first inventory determines whether you need a full appointment of a personal representative or whether a court-filed affidavit may fit.
Sunset's 2,300-institution asset discovery can help locate accounts before you file in Marion, so the petition, notices and asset list match what the estate actually owns. Better asset information also helps you avoid paying for the wrong estate settlement path.
Which court handles jurisdiction
Probate for Crittenden County is filed at the Crittenden County Courthouse in Marion, with the Crittenden County Clerk serving as the filing office for the probate division of the Crittenden County Circuit Court. The Circuit Clerk is a separate office at the same courthouse and handles other circuit court divisions and land recording, so probate filers should use the County Clerk's probate counter.
Arkansas venue for probate of a will and administration is generally the county where the decedent resided at death; if the decedent was not an Arkansas resident, the rule looks to Arkansas property, place of death, or where a cause of action may be maintained by the personal representative (A.C.A. § 28-40-102). The first legally commenced proceeding controls statewide property, and a misfiled case can be transferred rather than restarted.
The jurisdiction process
- Gather the death certificate, the original will if there is one, names and addresses of heirs and devisees, asset information, debts and any documents showing how property is titled.
- Check timing before choosing a path. Arkansas generally requires application to admit a will or grant administration within five years from death (A.C.A. § 28-40-103).
- Choose the filing route. If 45 days have passed and the estate fits the affidavit for collection of small estate by distributee rules, including the $100,000 cap measured less encumbrances and excluding the homestead and statutory allowances, the affidavit is filed with the probate clerk of the circuit court (A.C.A. § 28-41-101; A.C.A. § 28-39-101). Otherwise, prepare a petition for probate of will and appointment of personal representative or a petition for appointment of administrator.
- Prepare the Arkansas Judiciary probate forms and the statewide probate cover sheet. For a full administration, include the petition, will if any, acceptance, bond papers if required by the court, and any other form that fits the estate.
- File with the Crittenden County Clerk at 100 Court Square in Marion. The opening filing fee is $165.00, as of August 2026, consisting of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416. If payment is a hardship, ask the court about proceeding in forma pauperis under Rule 72.
- Handle notice and hearing issues. A hearing is required if the petition is opposed or a demand for notice has been filed; otherwise, the court may decide whether to set one (A.C.A. § 28-40-110). Ask the clerk how the assigned circuit judge handles scheduling and any phone or video request.
- After the court appoints a personal representative, the clerk issues letters testamentary or letters of administration under the court's seal (A.C.A. § 28-48-102). Give certified letters to banks, title companies and other institutions that require proof of authority.
- Publish the notice of appointment and serve required copies. Claims are barred six months from the first publication if not properly presented, and copies must be served on heirs, devisees and known creditors within one month after first publication, including the Department of Human Services when required (A.C.A. § 28-40-111).
- Administer the estate by securing assets, preparing any required inventory, evaluating claims, paying valid debts and taxes, selling property only with proper authority, and keeping records for the accounting.
- Close the estate by completing the required accounting, distribution and discharge steps through the probate division.
Forms and documents
Probate forms in Crittenden County
The Arkansas Judiciary publishes Official Probate Forms for decedent estates, including petitions, proof of will, bond forms, acceptance of appointment, letters testamentary, letters of administration, notices, inventory, accounting and Form 23, Affidavit for Collection of Small Estate by Distributee (A.C.A. § 28-41-101; A.C.A. § 28-48-102). Arkansas also uses a statewide probate cover sheet.
For Crittenden County, file probate papers with the Crittenden County Clerk in Marion. Before filing, ask the County Clerk whether a Crittenden County instruction sheet, extra copy set or current formatting practice applies to your filing.
Local nuance
Crittenden County-specific considerations
| Local point | What it means for a filing |
|---|---|
| The probate filing office is the County Clerk | In Crittenden County, probate papers go to the Crittenden County Clerk at 100 Court Square in Marion. The Circuit Clerk is a separate office at the same courthouse, so call the County Clerk at (870) 739-4434 for probate counter questions. |
| Marion is the county seat | Crittenden County's courthouse city is Marion, Arkansas. Do not confuse Crittenden County with Marion County, Arkansas, whose seat is Yellville. |
| Hours should be checked before travel | The County Clerk's page does not list public counter hours, so call before driving to Marion, mailing original documents or arranging a same-day filing. |
Recent updates
| Change | What it means |
|---|---|
| Legal Aid of Arkansas statewide coverage in 2026 | Legal Aid of Arkansas became the sole Legal Services Corporation funded civil legal aid provider for all 75 Arkansas counties beginning January 1, 2026. It is income-restricted and may not take estate matters. |
| eFlex filing updates | The eFlex Electronic Filing Rejection Policy took effect December 9, 2025, and subscription-based payments in eFlex end June 5, 2026. Use efile.arcourts.gov for the Arkansas Judiciary e-filing portal. |
| Search ARCourts | Search ARCourts at caseinfo.arcourts.gov/opad is the current statewide public case information portal for Arkansas circuit court case information. |
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by reviewing the deed, mortgage, beneficiary designations and whether anything is solely in the decedent's name. If a court filing is needed in Crittenden County, use the County Clerk in Marion. Homestead treatment and statutory allowances can affect the affidavit calculation (A.C.A. § 28-39-101; A.C.A. § 28-41-101). | Sunset helps identify accounts, debts and title issues before the spouse chooses an estate settlement path. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate qualifies under the $100,000 rule, as of August 2026, the affidavit for collection of small estate by distributee is filed with the Crittenden County Clerk, and certified copies can then be used with institutions (A.C.A. § 28-41-101). If letters are needed, ask the clerk about filing logistics and any hearing instructions before traveling. | Sunset can organize the asset list, generate the probate packet and help the child connect with local counsel if Crittenden County filing steps are hard to manage from out of state. |
| Parent settling predeceased child's estate, home must be sold | A court-filed affidavit can reach real property when the estate fits A.C.A. § 28-41-101, but real property triggers publication within 30 days after filing and a three-month creditor window. If a sale needs letters or court authority, file a full administration petition with the Crittenden County Clerk in Marion. | Sunset helps gather property, lien and account information and can connect the parent with a vetted Arkansas probate attorney for sale and closing issues. |
Self-help resources
| Resource | How it helps |
|---|---|
| Crittenden County Clerk | Probate filing counter for Crittenden County. Call (870) 739-4434 before visiting, mailing filings or asking about local copy and scheduling practices. |
| Arkansas Judiciary Official Probate Forms | State probate forms and the statewide probate cover sheet used for filings in the probate division. |
| Arkansas Law Help | Public legal information, including a packet for the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. |
| Search ARCourts | Free statewide case information at caseinfo.arcourts.gov/opad. Document access depends on the court and the case. |
| Legal Aid of Arkansas | Statewide intake at 1-800-952-9243 for income-restricted civil legal help. Estate administration help may be limited, so ask about eligibility and case type. |
When to hire an attorney
A probate attorney makes sense when the estate includes real property to sell, creditor disputes, contested heirs, a missing original will, tax questions, nonresident administration, or uncertainty about whether the affidavit route under A.C.A. § 28-41-101 is enough. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search for bank, brokerage, retirement, insurance and other assets so the Crittenden County filing starts with a clearer picture of the estate.
Generate the probate packet. Sunset turns the estate information into an organized estate settlement packet, including the forms and supporting details families need before filing with the Crittenden County Clerk.
Find a local probate attorney. When the estate needs legal help, Sunset can connect the family with a vetted Arkansas probate attorney who understands filings in the probate division.
Sunset is free for families. Sunset helps families move through estate settlement without charging families for the core platform.
Frequently asked questions
Where do I file probate in Crittenden County, Arkansas?
File probate papers with the Crittenden County Clerk at 100 Court Square in Marion. The case is in the probate division of the Crittenden County Circuit Court, but the County Clerk is the probate filing counter.
Is the Crittenden County Circuit Clerk the probate filing office?
No. The Crittenden County Clerk serves as the filing office for the probate division. The Circuit Clerk is a separate office at the same courthouse and handles other court divisions and land recording.
How much does it cost to open a Crittenden County probate case?
The opening fee is $165.00, as of August 2026: $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. The affidavit for collection of small estate by distributee is $25.00, plus $5.00 per certified copy, as of August 2026 (A.C.A. § 28-41-101).
Can I use a small-estate affidavit in Crittenden County?
Arkansas allows an affidavit for collection of small estate by distributee when 45 days have passed, no personal representative appointment is pending or granted, and the estate meets the $100,000 rule measured less encumbrances and excluding the homestead and statutory allowances (A.C.A. § 28-41-101; A.C.A. § 28-39-101). The affidavit is filed with the Crittenden County Clerk.
Do Crittenden County probate filings use eFlex?
Attorneys file electronically through eFlex at efile.arcourts.gov. A self-represented filer should call the Crittenden County Clerk to ask whether this court will register them and what in-person or mail filing steps apply.
Can I look up a Crittenden County probate case online?
Use Search ARCourts at caseinfo.arcourts.gov/opad for statewide Arkansas circuit court case information. Document availability varies by court and case.
Will I have to attend a hearing in Marion?
A hearing is required if the petition is opposed or a demand for notice has been filed; otherwise, the court may decide whether to set one (A.C.A. § 28-40-110). Ask the Crittenden County Clerk how the assigned circuit judge handles scheduling and any phone or video request before making travel plans.
What probate forms does Crittenden County require?
Use the Arkansas Judiciary Official Probate Forms and the statewide probate cover sheet. Before filing, ask the Crittenden County Clerk whether any Crittenden County instruction sheet, copy set or current local practice applies.
How long do creditors have in an Arkansas probate?
After letters are granted, the personal representative publishes notice of appointment. Claims are barred six months from the first publication if they are not properly presented, and required copies must be served within one month after first publication (A.C.A. § 28-40-111).
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.