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Drew County, AR Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Drew County Circuit Court, probate division |
| Probate filings go to | Drew County Clerk's office, 210 S Main Street, Monticello, AR 71655 |
| Phone | (870) 460-6260 for the Drew County Clerk's office |
| Fax | No county clerk fax is published. Do not use the circuit clerk fax for probate filings unless the county clerk tells you to do so. |
| Courthouse address | 210 S Main Street, Monticello, AR 71655 |
| Mailing address | The published county clerk address is 210 S Main Street, Monticello, AR 71655. Call before mailing original documents because no separate county clerk mailing address is published. |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. No midday closure or filing cutoff is published. |
| Filing fee | $165.00 to open a decedent's estate, current as of August 2026: $150.00 under A.C.A. § 21-6-403(b)(1), reprinted effective March 6, 2013, plus $15.00 under A.C.A. § 21-6-416(b)(2), approved March 9, 2009. $25.00 to file an affidavit for collection of small estate by distributee under A.C.A. § 28-41-101(b)(1)(B), current as of August 2026, plus $5.00 per certified copy, current as of August 2026. |
| Local forms | Use the Arkansas Judiciary's Official Probate Forms and statewide probate cover sheet. Drew County has not published a separate local probate form on its county site. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Drew County Clerk's office whether that court will register them and should use in-person or mail filing if the clerk directs that. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is the free statewide case search. Case information is available statewide; document availability varies by court. |
| Remote appearance | Ask the Drew County Clerk's office and check the Tenth Judicial Circuit administrative plan for any phone or video appearance practice. |
| Website | drewcoar.com/departments/county-clerk/ |
Before you begin — know the assets and liabilities
Before you file in Monticello, identify the decedent's assets, debts, title documents, beneficiary designations and whether an original will exists. The filing choice in Drew County depends on the estate's facts, and a clear asset list makes estate settlement faster and less likely to be sent to the wrong counter.
Sunset can search across more than 2,300 financial institutions to help identify accounts and assets before you prepare the probate packet. That asset discovery step is especially useful when deciding whether the Drew County Clerk's office should receive a full administration petition or an affidavit for collection of small estate by distributee under A.C.A. § 28-41-101.
Which court handles jurisdiction
Probate for Drew County is filed with the Drew County Clerk's office at the Drew County Courthouse, 210 S Main Street, Monticello, Arkansas. The case is heard in the probate division of the Drew County Circuit Court, which sits in Arkansas's Tenth Judicial Circuit with Ashley, Bradley, Chicot and Desha counties, but a Drew County estate is filed at the Drew County courthouse.
Arkansas venue is governed by A.C.A. § 28-40-102. A probate case is filed where the decedent resided at death, or if the decedent was not an Arkansas resident, where the greater part in value of the Arkansas property is located, with additional rules if there was no Arkansas residence or property. The first properly commenced proceeding controls statewide, and if a case is filed in the wrong county, the court transfers the file rather than treating the filing as a dead end.
The jurisdiction process
- Find the death certificate, the original will if one exists, deeds, account statements, vehicle titles, debts and known creditor information before starting the Drew County filing.
- Check Arkansas's five-year outer limit. No will may be admitted and no administration may be granted unless the application is made within five years from death, subject to the statutory exceptions in A.C.A. § 28-40-103.
- Choose the filing route. If 45 days have passed, no personal representative has been appointed, and the estate qualifies under the $100,000 rule measured less encumbrances and excluding the homestead and statutory allowances, the affidavit for collection of small estate by distributee may be filed with the Drew County Clerk's office under A.C.A. § 28-41-101. Otherwise, prepare a full administration petition.
- Prepare the Arkansas Judiciary probate forms that fit the case, such as a petition for appointment of administrator or a petition for probate of will and appointment of personal representative, and include the statewide probate cover sheet.
- File with the Drew County Clerk's office at 210 S Main Street in Monticello. To open a decedent's estate, pay $165.00, current as of August 2026, made up of the $150.00 filing fee under A.C.A. § 21-6-403(b)(1), reprinted effective March 6, 2013, and the $15.00 court technology fee under A.C.A. § 21-6-416(b)(2), approved March 9, 2009. If you cannot afford the fee, ask about proceeding under Rule 72.
- The court may set a hearing, and must set one if the petition is opposed or a demand for notice has been filed. Ask the Drew County Clerk's office how the Tenth Judicial Circuit judge wants any appearance handled.
- If the petition is granted, the circuit judge appoints the personal representative. After any required bond is approved or a written acceptance is filed, the clerk issues letters testamentary or letters of administration under the court's seal under A.C.A. § 28-48-102.
- After letters are granted, publish the notice of appointment and serve copies on heirs, devisees and known or reasonably ascertainable creditors within one month. Claims are barred six months from the first publication under A.C.A. § 28-40-111.
- Administer the estate by gathering assets, filing any required inventory, addressing creditor claims, paying lawful expenses and taxes, distributing remaining property, and asking the court for final distribution and discharge when the estate is ready to close.
Forms and documents
Probate forms in Drew County
For Drew County estate settlement, use the Arkansas Judiciary's statewide probate form set and the statewide probate cover sheet. The statewide form set includes petitions, proof of will, bond, acceptance, notices, inventory, accounting, letters testamentary, letters of administration and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101.
Drew County has not published a separate local probate form, checklist or cover-sheet instruction on its county site. File the completed packet with the Drew County Clerk's office in Monticello, not with the circuit clerk counter unless the county clerk directs you there.
Fees
Drew County's online fees page lists the local probate filing at $165.00, current as of August 2026. That matches the statewide total: $150.00 under A.C.A. § 21-6-403(b)(1), reprinted effective March 6, 2013, plus $15.00 under A.C.A. § 21-6-416(b)(2), approved March 9, 2009.
For an affidavit for collection of small estate by distributee, use the statute first: $25.00 to file under A.C.A. § 28-41-101(b)(1)(B), current as of August 2026, plus $5.00 per certified copy, current as of August 2026. The Drew County fees page lists a different local small-estate figure, so confirm the amount with the Drew County Clerk's office before you file.
The Drew County fees page also lists a claim against an estate at $5.00, current as of August 2026, which matches the probate fee line for filing a claim against an estate in A.C.A. § 21-6-413.
Local nuance
Drew County-specific considerations
| Local point | What it means |
|---|---|
| County clerk filing counter | Drew County is a split-clerk county, and probate filings go to the Drew County Clerk's office. The circuit clerk is a different office in the same courthouse. |
| Same courthouse, different office | Both offices are at 210 S Main Street in Monticello, so use the office name and phone number when asking where to file. |
| Tenth Judicial Circuit | The circuit includes multiple counties, but Drew County probate is filed in Drew County. Do not send a Drew County estate to another county in the circuit. |
| Local fee page | The county's probate filing total matches the statewide $165.00 amount under A.C.A. § 21-6-403 and A.C.A. § 21-6-416. Its local small-estate line should be confirmed against A.C.A. § 28-41-101 before filing. |
Recent updates
| Update | What changed |
|---|---|
| Legal aid coverage | Legal Aid of Arkansas became the sole statewide Legal Services Corporation funded provider for Arkansas on January 1, 2026. Use the statewide intake number, 1-800-952-9243, and do not assume it will take an estate matter. |
| eFlex filing policy | The Arkansas Judiciary announced an eFlex Electronic Filing Rejection Policy effective December 9, 2025. eFlex is at efile.arcourts.gov. |
| eFlex billing | Subscription-based payments in eFlex end June 5, 2026. Other payment methods remain available through the filing system. |
| Case search | Arkansas is moving public case lookup to Search ARCourts at caseinfo.arcourts.gov/opad. |
Scenarios
| Scenario | Likely Drew County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking the deed and survivorship language. Then review the homestead and statutory allowances under A.C.A. § 28-39-101 and whether any remaining property fits the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. File any needed probate papers with the Drew County Clerk's office in Monticello. | Sunset helps identify accounts, deeds and liabilities so the spouse can decide whether court filing is needed and which packet fits. |
| 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 with the Drew County Clerk's office and use certified copies for banks or asset holders. If letters are needed, Arkansas form 9, Designation of Process Agent, may be relevant for a nonresident personal representative. | Sunset can assemble asset information, generate the probate packet, and help the child ask the clerk about mail filing and any phone or video hearing practice. |
| Parent settling predeceased child's estate, home must be sold | The affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 can include real property, but real property triggers publication within 30 days after filing and a three-month creditor window. A sale often requires letters, so a full administration filed with the Drew County Clerk's office may be the practical route. | Sunset helps gather the property and debt picture, prepare the local filing packet, and connect the parent with a probate attorney if a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Drew County Clerk's office | Receives Drew County probate filings, provides the local filing counter and answers filing logistics questions such as hours, copies and whether the court will register a self-represented eFlex user. | 210 S Main Street, Monticello, AR 71655; (870) 460-6260; drewcoar.com/departments/county-clerk/ |
| Arkansas Judiciary Official Probate Forms | Provides the statewide probate form set used for Arkansas probate filings, including petitions, notices, inventory, accounting, letters and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. | arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Statewide probate cover sheet | Use the Arkansas Judiciary probate cover sheet with a probate filing packet. | arcourts.gov/sites/default/files/formatted-files/PR_cover_Nov_2023.pdf |
| Arkansas Law Help | Provides public legal information, including a small-estate packet that explains the affidavit route under A.C.A. § 28-41-101. | arlawhelp.org |
| Search ARCourts | Provides free statewide case information for Arkansas circuit courts. Search ARCourts is at caseinfo.arcourts.gov/opad. | caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Provides income-restricted civil legal help statewide. It may not take estate matters, so use it to check eligibility rather than assuming representation. | 1-800-952-9243; arlegalaid.org |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps organize deeds, account records, liabilities and beneficiary information so the family can see what the Drew County estate settlement actually involves.
Generate the probate packet. Sunset uses the information you provide to help assemble the Arkansas probate forms and Drew County filing packet, including the statewide probate cover sheet and the documents needed for the route you choose.
Find a local probate attorney. When the estate involves real property, creditor disputes, unclear title, a will contest or an out-of-state personal representative, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next steps, and decide whether to file with the Drew County Clerk's office themselves or work with counsel.
Frequently asked questions
Where do I file probate in Drew County, Arkansas?
File Drew County probate papers with the Drew County Clerk's office at 210 S Main Street in Monticello. The case is in the probate division of the Drew County Circuit Court, but the local filing counter is the county clerk's office.
Is Drew County e-filing used for probate?
Attorneys use eFlex at efile.arcourts.gov. If you are representing yourself, ask the Drew County Clerk's office whether that court will register you for eFlex or whether you should file in person or by mail.
How much does it cost to open a Drew County probate case?
The filing fee to open a decedent's estate is $165.00, current as of August 2026. That is $150.00 under A.C.A. § 21-6-403(b)(1), reprinted effective March 6, 2013, plus the $15.00 court technology fee under A.C.A. § 21-6-416(b)(2), approved March 9, 2009.
Does Drew County have local probate forms?
Drew County has not published a separate local probate form on its county site. Use the Arkansas Judiciary's statewide Official Probate Forms and the statewide probate cover sheet, then file with the Drew County Clerk's office.
Can I use a small-estate affidavit in Drew County?
Possibly. Arkansas allows an affidavit for collection of small estate by distributee if the requirements in A.C.A. § 28-41-101 are met, including the 45 days requirement and the $100,000 cap measured less encumbrances and excluding the homestead and statutory allowances. The affidavit is filed with the Drew County Clerk's office, and certified copies are then used with asset holders.
Will there be a Drew County probate hearing?
A hearing is required if the petition is opposed or a demand for notice has been filed. In other cases, the court may set a hearing. Ask the Drew County Clerk's office how the judge wants any appearance handled.
Can I attend a Drew County probate hearing by phone or video?
Do not assume. Phone or video appearance practice depends on the circuit judge and the Tenth Judicial Circuit administrative plan. Ask the Drew County Clerk's office before the hearing date.
Can I look up a Drew County probate case online?
Yes. Search ARCourts at caseinfo.arcourts.gov/opad provides free statewide case information. Document availability varies by court, so use the search for case information and ask the clerk if you need a copy of a filing.
Do I have to travel to Monticello to file?
You may need to file at or send papers to the Drew County Clerk's office in Monticello, depending on what the clerk accepts for your situation. If a hearing is set, ask the clerk about the judge's appearance instructions before making travel plans.
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.