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Franklin County, AR Probate Information
Quick facts
| Topic | Franklin County information |
|---|---|
| Court | Franklin County Circuit Court, probate division |
| Probate filings go to | Franklin County Clerk's office. Ozark, 211 W Commercial St, Suite #1600, Ozark, AR 72949, phone (479) 667-3607. Charleston, Franklin County Courthouse, Southern District, 607 E Main St, Charleston, AR 72933, phone (479) 965-2129. Call the clerk to confirm which district applies before filing. |
| Judicial circuit | Arkansas's Fifth Judicial Circuit |
| Mailing | No separate probate mailing address was published for the Franklin County Clerk's probate filings. Use the listed clerk address for the proper district, or call before mailing. |
| Phone | Ozark County Clerk, (479) 667-3607. Charleston County Clerk, (479) 965-2129. |
| Fax | Ozark County Clerk fax, (479) 667-3611. No separate Charleston fax was published. |
| Hours | 8:00 AM to 4:30 PM, Monday through Friday, excluding holidays. No separate probate filing cutoff was published. |
| Filing fee | As reviewed in August 2026, $165.00 to open a decedent's estate, made up of the $150.00 uniform filing fee under A.C.A. § 21-6-403 and the $15.00 court technology fee under A.C.A. § 21-6-416. As reviewed in August 2026, $25.00 to file an affidavit for collection of small estate by distributee under A.C.A. § 28-41-101, plus $5.00 per certified copy. |
| Local forms | No Franklin County specific probate packet was published on the county clerk pages. Use the Arkansas Judiciary's official probate forms and the statewide probate cover sheet. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Franklin County Clerk whether that court will register them, and should also ask about filing in person or by mail. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is the statewide public case information search. Document availability varies by court. |
| Remote appearance | Ask the Franklin County Clerk and check the Fifth Judicial Circuit administrative plan for any phone or video appearance procedure. |
| Website | Franklin County Clerk pages at franklincountyar.gov and franklincountyar.org. |
Before you begin — know the assets and liabilities
Before you file in Franklin County, list the assets, debts, account holders, real estate, and likely heirs. Franklin County has two probate filing counters, so estate settlement planning should start with where the decedent lived and which district should receive the filing.
Sunset's estate settlement tools can help identify accounts across more than 2,300 institutions, organize liabilities, and prepare the information a family needs before calling the Ozark or Charleston County Clerk's office.
Which court handles jurisdiction
Probate for Franklin County is filed with the Franklin County Clerk's office for the Franklin County Circuit Court, probate division. Franklin County is one of Arkansas's dual-district counties, so the Ozark courthouse serves the Northern District and the Charleston courthouse serves the Southern District. For these counties, "county" means "district" unless the law indicates otherwise (A.C.A. § 28-1-102(a)(3)). Call the clerk before filing if you are not sure which district covers the decedent's residence.
Arkansas venue starts with the county where the decedent resided at death, then moves to the county with the greater value of Arkansas property, then the county of death, and then any county where a cause of action may be maintained by the personal representative (A.C.A. § 28-40-102). In Franklin County, that venue rule is applied at the district level. The first properly started proceeding controls, and a misfiled proceeding can be transferred rather than dismissed.
Franklin County is in Arkansas's Fifth Judicial Circuit, but filings are still made at the Franklin County clerk counter for the proper district, not in Johnson or Pope County.
The jurisdiction process
- Collect the death certificate, the original will if there is one, a list of assets and debts, and the names and addresses of heirs and devisees.
- Check the Arkansas five-year outer limit. A will generally cannot be admitted to probate, and administration generally cannot be granted, unless the application is made within five years from death (A.C.A. § 28-40-103).
- Choose the local filing counter. In Franklin County, probate filings go to the Franklin County Clerk's office in Ozark or Charleston, depending on the decedent's district. Call the clerk if the district is not clear.
- Choose the Arkansas route. If 45 days have passed and the estate qualifies under the affidavit for collection of small estate by distributee, including the $100,000 calculation less encumbrances and excluding the homestead and statutory allowances, use A.C.A. § 28-41-101. Otherwise, prepare a full administration petition.
- Prepare the Arkansas Judiciary probate forms, including the petition, the statewide probate cover sheet, and any supporting documents the clerk requests for filing.
- File with the Franklin County Clerk's office in the correct district and pay the filing fee. As reviewed in August 2026, opening a decedent's estate costs $165.00, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416. If you cannot afford the fee, ask the court about proceeding in forma pauperis under Rule 72.
- If a hearing is set, follow the court's notice instructions. Arkansas requires a hearing if the petition is opposed or a demand for notice has been filed, and otherwise allows the court to decide whether to set one.
- After appointment, the clerk issues letters testamentary or letters of administration under the court's seal (A.C.A. § 28-48-102). Use certified letters when banks, buyers, title companies, or other institutions require proof of authority.
- Publish the notice of appointment and serve copies as required. Creditor claims are barred six months from the date of first publication when the statutory notice process is followed (A.C.A. § 28-40-111).
- Administer the estate, inventory assets, resolve valid claims, handle taxes, sell or transfer property as authorized, account as required, distribute the remaining property, and seek discharge when the estate settlement is ready to close.
Forms and documents
Probate forms in Franklin County
Use the Arkansas Judiciary's official probate forms for decedent estate filings in Franklin County. The statewide form set includes petitions, proof of will, bonds, acceptance of appointment, designation of process agent, letters testamentary, letters of administration, notices, inventory, accounting, and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101.
Franklin County does not publish a county-specific probate packet on the county clerk pages. Add the statewide probate cover sheet to the filing packet, and call the Ozark or Charleston County Clerk before filing if you are unsure which district applies.
Fees
Franklin County's posted local fee list matches the statewide amount to open a decedent's estate. As reviewed in August 2026, opening the case costs $165.00, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416.
For the affidavit for collection of small estate by distributee, the controlling statewide statute lists $25.00 to file and $5.00 per certified copy as reviewed in August 2026 (A.C.A. § 28-41-101). Franklin County's posted list shows $30.00 for that small-estate filing as reviewed in August 2026, so call the County Clerk before filing to confirm the exact amount requested at the counter.
Publication costs, bond premiums, recording charges, and extra certified copies are separate from the case-opening fee.
Local nuance
Franklin County-specific considerations
| Local issue | What it means in Franklin County |
|---|---|
| Two districts | Franklin County has an Ozark courthouse for the Northern District and a Charleston courthouse for the Southern District. The correct filing counter depends on the decedent's district, so call the County Clerk before filing if the district is not clear. |
| Probate filings go to the County Clerk | In both Ozark and Charleston, probate filings go to the Franklin County Clerk's office. Do not send a probate filing to the circuit clerk unless the County Clerk directs you to do so. |
| Local fee list | Franklin County's local list matches the $165.00 estate-opening fee under A.C.A. § 21-6-403 and A.C.A. § 21-6-416, but it lists a different small-estate amount than the $25.00 figure in A.C.A. § 28-41-101. Confirm the amount before filing. |
Recent updates
| Update | What changed |
|---|---|
| Legal aid coverage | Legal Aid of Arkansas became the statewide civil legal aid provider for all 75 Arkansas counties on January 1, 2026. |
| eFlex filing policy | The eFlex Electronic Filing Rejection Policy at efile.arcourts.gov took effect December 9, 2025. |
| eFlex billing | Subscription-based payment support in eFlex at efile.arcourts.gov ends June 5, 2026. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is the statewide public case information portal. |
Scenarios
| Situation | Likely Franklin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and survivorship language. Then review homestead and statutory allowances under A.C.A. § 28-39-101 and decide whether any remaining assets require a Franklin County filing. If filing is needed, use the County Clerk counter in the decedent's district. | Sunset helps identify accounts, organize property information, and prepare an estate settlement plan before the spouse calls the Ozark or Charleston clerk. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate qualifies, the affidavit for collection of small estate by distributee is filed with the Franklin County Clerk in the proper district, then certified copies can be used with banks or other holders (A.C.A. § 28-41-101). If letters are needed, ask about the designation of process agent and any appearance procedure. | Sunset helps assemble institution details, generate a filing packet, and flag when a local attorney should review the path. |
| Parent settling predeceased child's estate, home must be sold | The affidavit for collection of small estate by distributee can include real property if A.C.A. § 28-41-101 is satisfied, but real property adds publication requirements and a creditor period. A sale often requires letters testamentary or letters of administration under A.C.A. § 28-48-102, so a full administration may be the practical route. | Sunset helps gather asset details, coordinate documents for the correct district, and connect the family with a vetted Arkansas probate attorney when a sale is involved. |
Self-help resources
| Resource | How it helps | Link or contact |
|---|---|---|
| Franklin County Clerk | Confirms whether Ozark or Charleston is the correct district, current filing amounts, hours, and filing logistics. | Ozark, (479) 667-3607. Charleston, (479) 965-2129. |
| Arkansas Judiciary probate forms | Provides the official statewide probate forms and probate cover sheet used for Arkansas circuit court probate filings. | arcourts.gov forms and publications, probate division forms |
| Arkansas Law Help | Provides public legal information, including small-estate materials tied to A.C.A. § 28-41-101. | arlawhelp.org |
| Search ARCourts | Lets you search statewide public case information. Document availability varies by court. | caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Statewide, income-restricted civil legal aid intake. Estate administration may not be within its case priorities. | 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 institutions to help families locate accounts, insurance, retirement assets, and other property that may affect the Franklin County estate settlement.
Generate the probate packet
Sunset turns the family's information into an organized probate packet, including the details needed to use Arkansas Judiciary forms and to call the Ozark or Charleston County Clerk with focused questions.
Find a local probate attorney
When the estate involves real estate, creditor issues, a contest, or uncertainty about the correct Franklin County district, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families
Sunset is free for families. It helps organize estate settlement tasks, identify missing information, and reduce the number of courthouse calls needed before filing.
Frequently asked questions
Where do I file probate in Franklin County, Arkansas?
File with the Franklin County Clerk's office for the Franklin County Circuit Court, probate division. Franklin County has two districts, so call the County Clerk to confirm whether the Ozark or Charleston counter is the right place for the decedent's residence. The district rule comes from A.C.A. § 28-1-102(a)(3), and the Arkansas venue rule is A.C.A. § 28-40-102.
Is Franklin County in the Fifth Judicial Circuit?
Yes. Franklin County is in Arkansas's Fifth Judicial Circuit. The probate case is still filed in Franklin County, at the County Clerk counter in the proper district.
Does Franklin County probate go to the circuit clerk or the county clerk?
Probate filings in Franklin County go to the Franklin County Clerk's office in both Ozark and Charleston. The circuit judge decides probate matters, and the clerk files documents, collects fees, and issues letters under the court's seal after appointment (A.C.A. § 28-48-102).
How much does it cost to open a probate estate in Franklin County?
As reviewed in August 2026, it costs $165.00 to open a decedent's estate, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416. The affidavit for collection of small estate by distributee is listed in state law at $25.00, plus $5.00 per certified copy, as reviewed in August 2026 (A.C.A. § 28-41-101). Franklin County's local list shows a different small-estate amount, so call before filing.
Can I e-file a Franklin County probate case?
Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Franklin County Clerk whether that court will register them and what filing methods are accepted for that case.
Can I attend a Franklin County probate hearing by phone or video?
Franklin County did not publish a local phone or video appearance rule for probate. Ask the County Clerk and check the Fifth Judicial Circuit administrative plan before assuming how any hearing will be handled.
Where can I look up a Franklin County probate case?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides statewide public case information, but online document access varies by court.
What forms do I need for Franklin County probate?
Use the Arkansas Judiciary's official probate forms and the statewide probate cover sheet. Franklin County does not publish a separate county-specific probate packet on the County Clerk pages.
Do I have to travel to Franklin County if I live out of state?
Not every step necessarily requires travel, but do not assume remote handling. Call the Ozark or Charleston County Clerk to confirm the correct district, filing method, and any hearing procedure. If a nonresident personal representative is involved, the Arkansas form set includes a designation of process agent.
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.