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Desha County, AR Probate Information
Quick facts
| Item | Desha County information |
|---|---|
| Court | Desha County Circuit Court, probate division |
| Probate filings go to | Desha County Clerk, 608 Robert S Moore Ave, Arkansas City, AR 71630 |
| Mailing address | Desha County Clerk, P.O. Box 218, Arkansas City, AR 71630 |
| Phone | 870-222-0870. The clerk also publishes 870-877-3413. |
| Fax | No County Clerk fax number is published. The circuit clerk fax is a different office. |
| [email protected] | |
| Hours | 8:00 a.m. to 4:00 p.m. on weekdays |
| Filing fee | $165.00 to open a decedent's estate, current as of August 2026. That is the $150.00 uniform filing fee under A.C.A. § 21-6-403, last reprinted without an amount change by 2025 Act 986, plus the $15.00 court technology fee under A.C.A. § 21-6-416, left unchanged by 2025 Acts 371 and 989. A small estate affidavit costs $25.00, current as of August 2026, plus $5.00 per certified copy under A.C.A. § 28-41-101. |
| Local forms | County-specific probate forms are not published by the Desha County Clerk. Use the Arkansas Judiciary's statewide Official Probate Forms and probate cover sheet. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Desha County Clerk whether that court accepts self-represented e-filing registration, and can otherwise file in person or by mail. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides free statewide case information. Document access varies by court. |
| Remote appearance | Ask the Desha County Clerk before any hearing. Phone or video practice is set by the circuit judge and the Tenth Judicial Circuit administrative plan. |
| Website | https://www.deshacountyclerk.org/ |
Before you begin — know the assets and liabilities
Before you file in Desha County, list the assets, debts, accounts, vehicles, real estate, and possible beneficiary designations. The right estate settlement path depends on what actually needs court authority and what passes outside the estate.
Sunset's 2,300-institution asset discovery helps families look for accounts and insurance before they prepare a probate packet for Arkansas City, Arkansas. That search can prevent a second filing if an account or debt turns up after the first petition is filed.
Which court handles jurisdiction
Probate for Desha County is filed at the Desha County Clerk's counter in Arkansas City, Arkansas, in the probate division of the Desha County Circuit Court. Desha County sits in Arkansas's Tenth Judicial Circuit, with Ashley, Bradley, Chicot, Desha, and Drew counties, but a Desha County estate is filed at the Desha County courthouse, not in another county.
Arkansas venue for probate of a will or administration is the county where the decedent resided at death; if the decedent did not reside in Arkansas, venue follows the Arkansas county with the greater part in value of the decedent's Arkansas property, then the county of death if there was no Arkansas residence or property, and then any county where a cause of action may be maintained by the personal representative if the decedent died outside Arkansas with no Arkansas residence or property (A.C.A. § 28-40-102). The first legally commenced proceeding extends to all Arkansas property, and a case filed in the wrong county can be transferred rather than started over (A.C.A. § 28-40-102).
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debt information, addresses for heirs and devisees, and any documents showing who can act as personal representative.
- Check the Arkansas outer deadline. A will cannot be admitted and administration cannot be granted unless the application is made within five years after death, subject to the statutory exceptions (A.C.A. § 28-40-103).
- Choose the filing path. If 45 days have elapsed, no personal representative has been appointed or petition is pending, and the estate qualifies at $100,000 or less after encumbrances and excluding the homestead and statutory allowances, a distributee may use the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. Otherwise, prepare a petition for full administration.
- Prepare the Arkansas Judiciary probate forms that match the case, including the petition, any will proof, the acceptance of appointment, and the probate cover sheet. Nonresident personal representatives should also look at the designation of process agent form.
- File with the Desha County Clerk at 608 Robert S Moore Ave in Arkansas City, Arkansas, or ask the clerk about filing by mail. Pay $165.00 to open a decedent's estate, current as of August 2026, made up of A.C.A. § 21-6-403 and A.C.A. § 21-6-416 amounts, or ask about a Rule 72 in forma pauperis request if you cannot afford the fee.
- If the petition is opposed or a demand for notice has been filed, the court must set a hearing; otherwise, the court may decide whether a hearing is needed (A.C.A. § 28-40-110). Ask the clerk before the hearing about the judge's current phone or video practice.
- After the court 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 is complete (A.C.A. § 28-48-102).
- Promptly publish notice of appointment, serve copies on heirs, devisees, known unpaid creditors, and the Department of Human Services when required, and track the creditor deadline. Properly presented claims are barred six months after the first publication if they are not made in time (A.C.A. § 28-40-111).
- Inventory and manage the estate, collect assets, handle creditor claims, pay valid debts and taxes, sell property only with the authority required for that estate, and keep records for the accounting.
- When administration is complete, file the required accounting or settlement papers, distribute the remaining property, and seek final distribution and discharge from the court.
Forms and documents
Probate forms in Desha County
Use the Arkansas Judiciary's statewide probate forms for Desha County cases, including the petition forms, proof of will, acceptance of appointment, letters testamentary, letters of administration, accounting forms, and Form 23 for an affidavit for collection of small estate by distributee. The statewide probate cover sheet should be included with a new probate filing.
The Desha County Clerk does not publish a separate county probate packet, checklist, or local cover-sheet instruction. If you are filing by mail or are unsure which statewide forms match the estate settlement, call the Desha County Clerk before sending the packet.
Local nuance
Desha County-specific considerations
| Local point | What it means in Desha County |
|---|---|
| Filing counter | Desha County is not one of Arkansas's combined-clerk counties. Probate filings go to the Desha County Clerk, whose office is styled for county clerk and probate matters. |
| Arkansas City, Arkansas | The courthouse city is Arkansas City, Arkansas. That is Desha County's seat and should not be confused with the State of Arkansas or Arkansas County. |
| County-specific forms | The Desha County Clerk does not publish a local probate form set. Use the statewide Official Probate Forms and the statewide probate cover sheet. |
Recent updates
| Update | What changed |
|---|---|
| Legal aid coverage | Legal Aid of Arkansas became the 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. |
| Electronic filing | The Arkansas Judiciary's eFlex portal at efile.arcourts.gov announced an Electronic Filing Rejection Policy effective December 9, 2025, and an end to subscription-based payments effective June 5, 2026. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is the statewide public case-information portal. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Desha County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First confirm how the home is titled and whether it passes outside the estate. If court authority is still needed, file in Arkansas City, Arkansas. Homestead treatment and statutory allowances can affect the Arkansas small estate calculation (A.C.A. § 28-39-101; A.C.A. § 28-41-101). | Sunset helps identify accounts, deeds, beneficiary designations, debts, and missing assets 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 Arkansas affidavit rule, the distributee files the affidavit with the Desha County Clerk and uses certified copies with banks or holders of property (A.C.A. § 28-41-101). If letters are needed, ask the clerk about filing by mail and any hearing instructions. | Sunset can organize the asset list, generate a probate packet, and help the child decide whether a local attorney should file or appear. |
| Parent settling a predeceased child's estate, home must be sold | The Arkansas affidavit can include real property, but real property adds publication duties and a creditor window under A.C.A. § 28-41-101. A sale often requires letters testamentary or letters of administration from the Desha County Circuit Court, probate division (A.C.A. § 28-48-102). | Sunset helps gather title, mortgage, account, and debt information so the attorney or personal representative can move the sale and estate settlement forward. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Desha County Clerk | Local filing counter for probate in Desha County, including filings in Arkansas City, Arkansas. | 608 Robert S Moore Ave, Arkansas City, AR 71630. 870-222-0870. [email protected]. https://www.deshacountyclerk.org/ |
| Arkansas Judiciary Official Probate Forms | Statewide probate forms and the statewide probate cover sheet used for Arkansas probate filings. | arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Arkansas Law Help | Public legal-information site with a small estate packet that explains the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. | arlawhelp.org |
| Search ARCourts | Free statewide public case information for circuit court cases. Document availability varies by court. | caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Statewide, income-restricted civil legal-aid intake. It may not take estate matters, but eligible families can ask what help is available. | 1-800-952-9243. arlegalaid.org |
When to hire an attorney
Consider a probate attorney if there is a dispute, unclear title to real estate, a sale of the home, unpaid creditors, a missing will, a nonresident personal representative, or uncertainty about whether the Arkansas affidavit route is enough. A lawyer can also help prepare the petition, handle notice, and appear before the circuit judge when needed. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can identify bank accounts, investments, insurance, retirement accounts, and debts before they file in Desha County.
Generate the probate packet. Sunset turns the family's answers into an organized Arkansas probate packet, including the information needed for the petition, cover sheet, asset list, and estate settlement plan.
Find a local probate attorney. When a Desha County case needs legal judgment, real estate work, creditor strategy, or a court appearance, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate, organize next steps, and decide whether to file themselves or work with counsel.
Frequently asked questions
Where do I file probate in Desha County?
File with the Desha County Clerk at 608 Robert S Moore Ave in Arkansas City, Arkansas. The case is in the probate division of the Desha County Circuit Court.
Is the Desha County probate filing counter the circuit clerk or the county clerk?
Use the Desha County Clerk for probate filings. Desha County has separate circuit and county clerks, and the local probate filing counter is the County Clerk.
How much does it cost to open a Desha County estate?
The opening cost is $165.00, current as of August 2026. That total is the $150.00 filing amount under A.C.A. § 21-6-403, last reprinted without an amount change by 2025 Act 986, plus the $15.00 court technology fee under A.C.A. § 21-6-416, left unchanged by 2025 Acts 371 and 989.
Can I use a small estate affidavit in Desha County?
Yes, if the Arkansas requirements are met. The affidavit for collection of small estate by distributee is filed with the Desha County Clerk after 45 days have elapsed, if no personal representative case is pending or granted and the estate qualifies under the $100,000 rule in A.C.A. § 28-41-101. The filing cost is $25.00, current as of August 2026, plus $5.00 per certified copy under A.C.A. § 28-41-101.
Does Desha County publish local probate forms?
The Desha County Clerk does not publish a county-specific probate packet. Use the Arkansas Judiciary's statewide Official Probate Forms and statewide probate cover sheet, and call the clerk if you are unsure which forms to include.
Can I e-file a probate case in Desha County?
Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Desha County Clerk whether that court accepts self-represented e-filing registration and, if not, how to file in person or by mail.
Can I look up a Desha County probate case online?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides free statewide case information for circuit court cases, but online document access varies by court.
Will I have to travel to Arkansas City, Arkansas?
Plan for original documents, filing fees, and possible court instructions to come through the Desha County Clerk. If you live outside Arkansas, call the clerk before filing to ask about mail filing, eFlex options, and the judge's current hearing instructions.
Is a hearing required for every Desha County probate?
A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise the court decides whether to set one (A.C.A. § 28-40-110). Ask the clerk what the judge wants for your case before assuming you need to appear.
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.