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Garland County, AR Probate Information
Quick facts
| Topic | Garland County information |
|---|---|
| Court | Garland County Circuit Court, probate division. |
| Probate filings go to | Garland County Clerk's office, the probate clerk for the Garland County Circuit Court, room 103 on the first floor. Phone: (501) 622-3610. The circuit clerk is a separate office in the same courthouse. |
| Judicial circuit | Arkansas's Eighteenth East Judicial Circuit, composed of Garland County alone (A.C.A. § 16-13-2601). A Garland County estate is filed at the courthouse in Hot Springs. |
| Courthouse address | Garland County Courthouse, 501 Ouachita Avenue, Room 103, Hot Springs, AR 71901. |
| Mailing address | No separate post office box is posted for the Garland County Clerk's office. Address mail to Garland County Clerk's office, 501 Ouachita Avenue, Room 103, Hot Springs, AR 71901. |
| Phone | (501) 622-3610, Garland County Clerk's office. |
| Fax | 501-624-0665. The office posts a fax number, but it does not say that probate filings may be faxed. |
| Hours | The Garland County Clerk's office does not post probate counter hours online. Call (501) 622-3610 before travelling to Hot Springs. |
| Filing fee | As of 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 of 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 under A.C.A. § 28-41-101. |
| Local forms | Yes. Garland County posts a probate cover sheet, additional-parties page, small-estate affidavit packet, affidavit to claim against an estate, demand for notice and probate disposition sheet. The Arkansas Judiciary also posts 33 official probate forms. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Garland County Clerk's office whether this court will register them, and can otherwise plan to file in person. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides free statewide case information. Document availability varies by court. |
| Remote appearance | Ask the Garland County Clerk's office. Telephone or video appearance depends on the circuit judge and the Eighteenth East Judicial Circuit administrative plan under Administrative Order No. 14. |
| Website | https://www.garlandcounty.org/249/County-Clerk |
Before you begin — know the assets and liabilities
Before you choose a probate route in Garland County, list the accounts, debts, vehicles, real estate and heirs, and check how each asset is titled. The Garland County Clerk's office takes probate fees up front and does not post counter hours online, so complete paperwork and a phone call to (501) 622-3610 can prevent a wasted trip to Hot Springs.
Sunset supports estate settlement by searching across more than 2,300 financial institutions for accounts and assets, then organizing what you find into the probate packet and next steps for the Garland County Clerk's office.
Which court handles jurisdiction
Garland County probate filings go to the Garland County Clerk's office in room 103 at the Garland County Courthouse, 501 Ouachita Avenue, Hot Springs, AR 71901. The courthouse serves Garland County communities and areas including Hot Springs, Mountain Pine, Fountain Lake, Jessieville, Diamondhead, Mountain Valley and the Garland County part of Hot Springs Village.
Arkansas venue for probate follows A.C.A. § 28-40-102. The first rule is the county where the decedent resided at death; if the decedent did not reside in Arkansas, the filing is in the county holding the greater part in value of the Arkansas property; if there was no Arkansas residence or property but the death occurred in Arkansas, it is the county of death; otherwise it is any county where the personal representative could maintain a cause of action. The first legally commenced proceeding controls, and if the wrong county receives the case, the circuit court transfers it rather than dismissing it.
Hot Springs Village can create a county-line issue because it stretches across Garland County and Saline County. If the decedent lived in Hot Springs Village, confirm the county for the address before filing under A.C.A. § 28-40-102.
Garland County is the only county in Arkansas's Eighteenth East Judicial Circuit (A.C.A. § 16-13-2601), so a Garland County estate is filed at the Garland County Courthouse in Hot Springs and not at a neighboring county courthouse.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of heirs and devisees, a list of debts, and an asset list showing how each account, vehicle and parcel is titled.
- Check the Arkansas deadline. A will cannot be admitted and administration cannot be granted unless the application is made within five years from the decedent's death, subject to the statutory exceptions (A.C.A. § 28-40-103).
- Choose the filing path. If the estate qualifies for the affidavit for collection of small estate by distributee after the waiting period and valuation rules in A.C.A. § 28-41-101, Garland County posts a local packet. If letters are needed, prepare the petition using the Arkansas Judiciary's official probate forms.
- Add the probate cover sheet. Garland County posts its own new probate case cover sheet, and the cover sheet states that it is required under Administrative Order Number 8.
- File with the Garland County Clerk's office, room 103, Garland County Courthouse, 501 Ouachita Avenue, Hot Springs. Call (501) 622-3610 before travelling because counter hours are not posted online.
- Pay the filing fee at the start of the case. As of August 2026, the fee to open a decedent's estate is $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 about proceeding in forma pauperis under Rule 72 (A.C.A. § 21-6-403; A.C.A. § 21-6-416).
- Watch for hearing instructions. A hearing is required if the petition is opposed or if a demand for notice has been filed; otherwise the court may set one or may act on the papers (A.C.A. § 28-40-110). Garland County posts the demand-for-notice form on its probate forms page.
- If the court appoints a personal representative, the clerk issues letters testamentary or letters of administration under the court's seal after the required acceptance or bond step (A.C.A. § 28-48-102). The clerk does not appoint the representative or admit the will.
- After letters are granted, publish the notice of appointment and serve the required copies on heirs, devisees and known creditors within the statutory time. Creditor claims are barred six months from the first publication if not properly presented (A.C.A. § 28-40-111).
- Administer and close the estate: collect assets, handle claims, pay allowed debts and taxes, file any required inventory and accounting, make distribution, and use Garland County's probate disposition sheet when the case is ready to close.
Forms and documents
Probate forms in Garland County
Garland County is an affirmative local-forms county. The Garland County Clerk's Files and Forms page posts probate forms for the Garland County Circuit Court, probate division, including the new probate case cover sheet, additional-parties page, affidavit for collection of small estate by distributee under A.C.A. § 28-41-101, affidavit to claim against an estate, demand for notice and probate disposition sheet.
| Form or packet | How Garland County uses it |
|---|---|
| Cover sheet, new probate case | Opening cover sheet for a probate filing. The form states that it is required under Administrative Order Number 8. |
| Probate cover additional parties | Additional party information when the cover sheet does not have enough space. |
| Affidavit for collection of small estate by distributee | Garland County posts a local packet captioned for the Garland County Circuit Court, probate division, with a clerk certificate for the county clerk. Use it only when A.C.A. § 28-41-101 fits the estate. |
| Affidavit to claim against estate | Claim form for a creditor presenting a claim in a Garland County estate. |
| Demand for notice | A filing that can affect whether a hearing must be set under A.C.A. § 28-40-110. |
| Disposition sheet | Closing-side probate form that Garland County posts with its opening cover sheet. |
Garland County does not post every decedent-estate petition or every letters form. For petitions, acceptance of appointment, designation of process agent, inventory, letters testamentary and letters of administration, use the Arkansas Judiciary's official probate form set. Letters are issued under A.C.A. § 28-48-102.
Fees
Garland County posts its own county clerk fee list, dated January 25, 2018, and the probate opening fee matches Arkansas law. As of August 2026, the list says "Open New Probate Case $165.00," which is the $150.00 uniform filing fee under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416.
| Item | Amount and context |
|---|---|
| Open a decedent's estate | As of August 2026, $165.00, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416. |
| Affidavit for collection of small estate by distributee | As of August 2026, Garland County lists $30.00 with one certified copy. That reconciles to the $25.00 filing fee plus one $5.00 certified copy under A.C.A. § 28-41-101. |
| Certified copy of letters | As of August 2026, the Garland County list prices an extra certified copy of letters at $5.00. Letters testamentary and letters of administration are issued under A.C.A. § 28-48-102. |
| Fee waiver | An indigent person may ask to proceed in forma pauperis under Rule 72 (A.C.A. § 21-6-403; A.C.A. § 21-6-416). |
The fee to open an estate is the same in every Arkansas county because A.C.A. § 21-6-403(f) prevents a county from adding filing fees unless state law authorizes them. The newspaper charge for publishing the notice of appointment is separate from the court filing fee. Garland County posts cash or money order as accepted payment for the clerk's counter services and has warned that probate fees are paid up front, so call (501) 622-3610 before travelling with payment.
Local nuance
Garland County-specific considerations
| Local point | Why it matters in Garland County |
|---|---|
| Two clerks are in the courthouse | Garland County has a county clerk and a circuit clerk in the same building. Probate filings go to the county clerk in room 103, not to the circuit clerk's suite. |
| Room 103 is the probate counter | The Garland County Clerk's office is on the first floor at 501 Ouachita Avenue in Hot Springs. The probate phone number is (501) 622-3610. |
| Local probate forms are posted | Garland County posts its own cover sheet, additional-parties page, small-estate affidavit packet under A.C.A. § 28-41-101, claim form, demand for notice and disposition sheet. |
| There is a closing form | The county posts a probate disposition sheet as well as an opening cover sheet. Both state that they are required under Administrative Order Number 8. |
| The county fee list matches the opening fee | As of August 2026, the Garland County Clerk fee list says a new probate case is $165.00, matching $150.00 under A.C.A. § 21-6-403 plus $15.00 under A.C.A. § 21-6-416. |
| Probate invoice warning | In September 2025, the Garland County Clerk's office warned that a fake invoice was directing families to pay high probate filing fees. The office said it does not invoice those fees and that probate fees are paid up front. Call (501) 622-3610 before paying an unexpected invoice. |
| No posted counter hours | The Garland County Clerk's office does not post probate counter hours online. Call before driving to Hot Springs, especially near a deadline. |
| Single-county circuit | Arkansas's Eighteenth East Judicial Circuit is composed of Garland County alone (A.C.A. § 16-13-2601). The estate is filed at the Garland County Courthouse in Hot Springs. |
| Four court divisions | The circuit court has four divisions, and the current administrative plan allocates probate work among all four. Ask the clerk which division has the case after filing. |
| Older and newer case lookup differ | The county clerk posts alphabetical index sheets for older probate ledgers and links newer cases to Search ARCourts at caseinfo.arcourts.gov/opad. |
| Hot Springs Village crosses a county line | A Hot Springs Village residence may be in Garland County or Saline County. Because probate venue follows the decedent's residence at death under A.C.A. § 28-40-102, confirm the county before filing. |
| Real estate recording is a separate counter | If an estate deed or order must be recorded, the circuit clerk handles land records in a different role and at a different counter from the probate filing counter. |
Small-estate Alternatives
Garland County posts its own affidavit for collection of small estate by distributee packet for cases that fit A.C.A. § 28-41-101. The packet is captioned for the Garland County Circuit Court, probate division, includes the probate cover sheet and additional-parties page, and ends with a certificate for the Garland County Clerk.
File the affidavit with the Garland County Clerk's office in room 103 at the courthouse in Hot Springs. The certified copy the clerk returns is what you provide to a bank or other holder of property. As of August 2026, the county fee list prices the filing with one certified copy at $30.00, which is the $25.00 filing fee plus one $5.00 certified copy under A.C.A. § 28-41-101.
Recent updates
| Date | Update |
|---|---|
| September 2025 | The Garland County Clerk's office warned families about a fake probate filing-fee invoice. The office said it does not invoice those fees, that probate fees are paid up front, and that anyone receiving an unexpected invoice should call (501) 622-3610 before paying. |
| January 1, 2026 | The Eighteenth East Judicial Circuit administrative plan under Administrative Order No. 14 took effect. It confirms that the circuit is composed of Garland County alone and that probate work is allocated among the court's four divisions. |
| January 1, 2026 | Legal Aid of Arkansas became the sole free civil legal-services provider covering all 75 Arkansas counties, with statewide intake at 1-800-952-9243. |
| December 9, 2025 | The Arkansas Judiciary's Electronic Filing Rejection Policy took effect for eFlex filings at efile.arcourts.gov, as authorized by Administrative Order 21. |
| June 5, 2026 | Subscription billing ends in eFlex at efile.arcourts.gov. Other payment methods remain available. |
| Current case search | The public case-search tool is Search ARCourts at caseinfo.arcourts.gov/opad. The Garland County Clerk's probate page links to that destination for newer cases. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Garland County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed. If title passes outside the estate, probate may focus on accounts or other property. If an estate filing is needed, it goes to the Garland County Clerk's office in room 103. If a deed or order later has to be recorded, that is handled at the circuit clerk's land-record counter, not at the probate filing counter. Statutory allowances are considered under A.C.A. § 28-39-101 when choosing the route. | Sunset helps identify accounts, loans and property so the spouse can see whether court authority is needed and what should go into the Garland County packet. |
| Out-of-state adult child with a small estate | If 45 days have passed and the affidavit route fits A.C.A. § 28-41-101, Garland County posts a local small-estate affidavit packet already captioned for the Garland County Circuit Court, probate division. File it with the county clerk in room 103, then use the certified copy with the bank. If letters are needed instead, the Arkansas Judiciary posts a designation of process agent form for a nonresident personal representative. | Sunset helps find accounts before filing, generate the packet, and flag when a bank or buyer is likely to require letters instead of only a certified affidavit. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit route under A.C.A. § 28-41-101 can include real property, but real property adds publication steps and a creditor window. A sale often needs letters from the court, so the parent may need a full administration filed with the Garland County Clerk's office. The case may be assigned to any one of the circuit court's four divisions. | Sunset organizes asset and debt information, prepares the filing packet, and connects the family with local counsel when real estate, creditor issues or a sale timeline make the estate settlement more complex. |
Self-help resources
The practical starting points in Garland County are the county clerk's office in room 103, Garland County's own probate forms, the Arkansas Judiciary's official probate forms and legal help when advice is needed. The Arkansas Judiciary's self-help resource listing does not list a Garland County-specific probate clinic.
| Resource | How it helps |
|---|---|
| Garland County Clerk's office | Garland County Courthouse, 501 Ouachita Avenue, Room 103, Hot Springs, AR 71901. Phone: (501) 622-3610. This is the probate filing counter for decedent estates, guardianships and adoptions in Garland County. |
| Garland County probate forms | https://www.garlandcounty.org/247/Files-Forms. The Probate Files section includes the new probate case cover sheet, additional-parties page, small-estate affidavit packet under A.C.A. § 28-41-101, claim form, demand for notice and disposition sheet. |
| Garland County Clerk fee list | https://www.garlandcounty.org/DocumentCenter/View/373/Garland-County-Clerk-Fees-PDF. As of August 2026, it lists a new probate case at $165.00, matching A.C.A. § 21-6-403 and A.C.A. § 21-6-416. |
| Arkansas Judiciary Official Probate Forms | https://arcourts.gov/forms-and-publications/court-forms/probate-division/forms. Free official forms, including petitions, acceptance of appointment, designation of process agent, inventory, letters testamentary, letters of administration and affidavit forms. Letters are governed by A.C.A. § 28-48-102. |
| Statewide probate cover sheet | https://arcourts.gov/sites/default/files/formatted-files/PR_cover_Nov_2023.pdf. The cover sheet states that it is required under Administrative Order Number 8. Garland County also hosts its own copy. |
| Arkansas Law Help | https://arlawhelp.org. Public legal information for Arkansas families, including information on the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. |
| Search ARCourts | https://caseinfo.arcourts.gov/opad. Free statewide case information through Search ARCourts at caseinfo.arcourts.gov. Garland County links this tool for newer probate cases, while older probate ledger index sheets are posted on the county clerk's probate page. |
| Legal Aid of Arkansas | Statewide intake: 1-800-952-9243. Apply at https://arlegalaid.org. Legal Aid of Arkansas is income-restricted and limited to its case priorities; estate administration is not listed as a priority, so use it to check eligibility rather than assuming representation. |
When to hire an attorney
A lawyer is especially useful in Garland County when real estate must be sold, a will may be contested, the estate may be insolvent, the proposed personal representative lives outside Arkansas, or a Hot Springs Village address makes the filing county unclear under A.C.A. § 28-40-102. Counsel can also help avoid local missteps, such as filing with the circuit clerk instead of the county clerk, arriving when counter hours are not posted, responding to an unexpected probate invoice, or asking for permission to attend a hearing by phone or video. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, brokerage, retirement and insurance accounts that may belong in the Garland County estate settlement.
Generate the probate packet. Sunset turns the asset list, family information and court requirements into an organized packet for the Garland County Clerk's office, including the local cover-sheet step and the forms that come from the Arkansas Judiciary.
Find a local probate attorney. If the estate includes real property, contested heirs, creditor pressure, an out-of-state personal representative or a Hot Springs Village county-line question, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools to find assets, organize next steps and decide whether attorney help is needed before filing in Hot Springs.
Frequently asked questions
Where do I file a probate case in Garland County?
File with the Garland County Clerk's office, room 103 on the first floor of the Garland County Courthouse, 501 Ouachita Avenue, Hot Springs, AR 71901. Call (501) 622-3610 before travelling because counter hours are not posted online.
Do I file with the circuit clerk or the county clerk in Garland County?
Use the county clerk for probate. Garland County has two clerk offices in the same courthouse, and probate filings go to the Garland County Clerk's office in room 103. The circuit clerk handles other case types and land-record functions, but it is not the Garland County probate filing counter.
What does it cost to open an estate in Garland County?
As of 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. Garland County's own fee list prints the same opening amount.
When is the Garland County Clerk's office in Hot Springs open?
The Garland County Clerk's office does not post probate counter hours online. Call (501) 622-3610 before driving to the courthouse, especially if you are close to the five-year filing deadline under A.C.A. § 28-40-103 or need to pay a fee up front.
Does Garland County have its own probate forms?
Yes. Garland County posts a probate cover sheet, additional-parties page, affidavit for collection of small estate by distributee under A.C.A. § 28-41-101, affidavit to claim against an estate, demand for notice and disposition sheet. Use the Arkansas Judiciary's official probate form set for petitions and letters forms that Garland County does not host.
Do I have to e-file if I am handling the estate myself?
Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Garland County Clerk's office whether this court will register them for e-filing, and can otherwise plan to file in person in room 103.
Will there be a hearing on my Garland County probate case?
A hearing is required if the petition is opposed or a demand for notice has been filed; otherwise the court may set a hearing or may act on the papers (A.C.A. § 28-40-110). Garland County posts a demand-for-notice form, and the clerk can tell you whether a filed case has been assigned to a division and set for a hearing.
Can I appear by phone or video instead of travelling to Hot Springs?
Ask the Garland County Clerk's office. Telephone or video appearance depends on the circuit judge and the Eighteenth East Judicial Circuit administrative plan under Administrative Order No. 14. Do not assume permission until the court tells you.
How do I look up a Garland County probate case?
For newer cases, use Search ARCourts at caseinfo.arcourts.gov/opad. It provides free statewide case information, while document availability varies by court. The Garland County Clerk's probate page also posts alphabetical index sheets for older probate ledgers.
I live in Hot Springs Village. Do I file in Garland County?
Not automatically. Hot Springs Village crosses the Garland County and Saline County line. Because probate venue follows the decedent's residence at death under A.C.A. § 28-40-102, confirm which county the address is in before filing.
Is there a deadline to open probate in Arkansas?
Yes. A will cannot be admitted to probate and administration cannot be granted unless the application is made within five years from the decedent's death, subject to the statutory exceptions (A.C.A. § 28-40-103). Creditor claims have a different rule: after letters are granted and notice is published, claims are barred six months from first publication if not properly presented (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.