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Hempstead County, AR Probate Information
Quick facts
| Item | Hempstead County details |
|---|---|
| Court | Hempstead County Circuit Court, probate division |
| Probate filings go to | Hempstead County Clerk's office, the probate clerk for Hempstead County probate filings |
| Courthouse address | 200 E 3rd Street, Hope, AR 71802 |
| Mailing address | Hempstead County Clerk, PO Box 1420, Hope, AR 71802-1420 |
| Phone | (870) 777-2241 |
| Fax | (870) 777-7829 |
| [email protected] | |
| Hours | Call the Hempstead County Clerk before going to confirm current probate filing hours and any filing cutoff. |
| Filing fee | $165.00, current as of August 2026, to open a decedent's estate: $150.00, current as of August 2026, under A.C.A. § 21-6-403, plus the $15.00 court technology fee, current as of August 2026, under A.C.A. § 21-6-416. The affidavit for collection of small estate by distributee is $25.00, current as of August 2026, under A.C.A. § 28-41-101, plus $5.00, current as of August 2026, per certified copy under A.C.A. § 28-41-101. |
| Local forms | No Hempstead-specific probate packet. Use the Arkansas Judiciary official probate forms and statewide probate cover sheet, and ask the Hempstead County Clerk whether any local filing instruction applies. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Hempstead County Clerk whether this court will register them for a probate filing, and can otherwise file in person in Hope or by mail. |
| Case search | Search ARCourts at https://caseinfo.arcourts.gov/opad provides free statewide circuit case information. Document availability depends on the court. |
| Remote appearance | Ask the Hempstead County Clerk how the circuit judge handles any phone or video request and check the 8th North circuit's Administrative Order No. 14 plan. |
| Website | https://hempsteadcountyar.com/county-clerk/ |
Before you begin — know the assets and liabilities
Before filing in Hempstead County, list the assets, debts, title status, likely creditors, and any accounts that still need a court-appointed personal representative. That early inventory determines whether the estate settlement can use the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 or needs a full administration in the probate division.
Sunset's 2,300-institution asset discovery helps families find bank, brokerage, retirement, insurance, and other accounts before they prepare the Hempstead County filing packet. Knowing what exists also helps you decide what to ask the Hempstead County Clerk, what notices may be needed, and whether the estate settlement should involve a local probate attorney.
Which court handles jurisdiction
File Hempstead County probate papers with the Hempstead County Clerk's office at the courthouse in Hope. The case is in the probate division of the Hempstead County Circuit Court, which sits in Arkansas's 8th North Judicial Circuit with Hempstead and Nevada counties, but that circuit does not merge county filing counters.
Arkansas venue for probate of a will or administration is set by A.C.A. § 28-40-102: the county where the decedent lived, or if the decedent did not live in Arkansas, the county tied to Arkansas property, place of death, or a cause of action as the statute provides. The first legally commenced Arkansas proceeding controls statewide property until venue is decided, and a case filed in the wrong county can be transferred rather than dismissed under A.C.A. § 28-40-102.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of heirs and devisees, known debts, account information, and real property information before choosing the Hempstead County filing path.
- Check the Arkansas outer deadline. A will may not be admitted and administration may not be granted unless application is made within five years of death, subject to the statute's exceptions, under A.C.A. § 28-40-103.
- Choose the filing path. If 45 days have passed, no personal representative has been appointed or petition is pending, and the estate meets the $100,000 limit, current as of August 2026, measured less encumbrances and excluding the homestead and statutory allowances under A.C.A. § 28-39-101, 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 or probate of the will.
- Prepare the Arkansas Judiciary probate forms that match the case, add the statewide probate cover sheet, and include any will, proposed order, acceptance, bond material if required by the court, and designation of process agent if applicable.
- File with the Hempstead County Clerk's office at 200 E 3rd Street in Hope or by mail to PO Box 1420, Hope, AR 71802-1420. Pay the $165.00 filing fee, current as of August 2026, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416, or ask the court about a Rule 72 in forma pauperis request if filing costs cannot be paid.
- Watch for notice and hearing requirements. A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise the court may set a hearing under A.C.A. § 28-40-110. If a hearing is set, ask the Hempstead County Clerk how to request permission for phone or video participation.
- After the circuit judge appoints the personal representative, the clerk issues letters testamentary or letters of administration under the seal of the court as provided by A.C.A. § 28-48-102.
- Publish the notice of appointment after letters issue, send required copies to heirs, devisees, known or reasonably ascertainable unpaid creditors, and the Department of Human Services when required, and track the six months from first publication claims period under A.C.A. § 28-40-111.
- Administer the estate by collecting assets, protecting property, paying valid debts and taxes, addressing claims, and preparing any required inventory, accounting, settlement, distribution request, and discharge papers for the probate division.
Forms and documents
Probate forms in Hempstead County
Use the Arkansas Judiciary's official probate forms for decedent estates, including petition forms, proof of will, bond, acceptance, letters testamentary, letters of administration, notices, inventory, accounting, and Form 23 for the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. Add the statewide probate cover sheet when opening or closing a probate case.
Hempstead County does not add a separate county probate packet on the Hempstead County Clerk materials. Before filing, call the Hempstead County Clerk at (870) 777-2241 to confirm whether the clerk wants additional copies, a proposed order, or a particular mailing method for your filing.
Local nuance
Hempstead County-specific considerations
| Local point | What it means for filing |
|---|---|
| Probate filings go to the county clerk | Use the Hempstead County Clerk's office for probate filings. The circuit clerk is a separate office in the same courthouse and is not the probate filing counter for Hempstead County. |
| The courthouse address differs by office | For probate, use 200 E 3rd Street in Hope and the county clerk mailing address at PO Box 1420, Hope, AR 71802-1420. Do not use 400 S Washington Street for a probate filing. |
| Single Hempstead County courthouse | Hempstead County is not one of Arkansas's two-district counties. File Hempstead County estates in Hope. |
Recent updates
| Update | What changed |
|---|---|
| Legal aid coverage changed January 1, 2026 | Legal Aid of Arkansas became the single LSC-funded civil legal-aid provider for all Arkansas counties. It is income-restricted and may not take estate administration matters. |
| eFlex filing policy dates | The Arkansas Judiciary's eFlex Electronic Filing Rejection Policy took effect December 9, 2025, and subscription billing in eFlex ended June 5, 2026. Use efile.arcourts.gov for eFlex information. |
| Search ARCourts is the current public case lookup | Search ARCourts at caseinfo.arcourts.gov/opad is the statewide public case-information portal for circuit courts. |
Scenarios
| Scenario | Likely Hempstead County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking the deed and account titles. Some assets may pass outside probate, while assets in the decedent's name alone may still require a Hempstead County filing. If the affidavit for collection of small estate by distributee is being considered, the $100,000 amount, current as of August 2026, is calculated under A.C.A. § 28-41-101 after encumbrances and with the homestead and statutory allowances excluded under A.C.A. § 28-39-101. | Sunset helps identify accounts, gather title information, and organize the documents needed for a spouse's estate settlement plan. |
| 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, the affidavit is filed with the Hempstead County Clerk and certified copies are then used with banks or other holders. If letters are needed, ask the clerk about filing by mail, eFlex registration for this particular court, and any phone or video request for a hearing. | Sunset helps prepare a probate packet, track missing account information, and connect the family with a local probate attorney if letters are needed. |
| Parent settling a predeceased child's estate, home must be sold | A sale often requires letters testamentary or letters of administration under A.C.A. § 28-48-102. The affidavit under A.C.A. § 28-41-101 can include real property when the estate qualifies, but real property adds publication and creditor timing steps, so local advice is usually important before listing or closing the sale. | Sunset helps map assets, prepare the court packet, and find a Hempstead County area attorney for a real-estate-sensitive estate settlement. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Hempstead County Clerk | Probate filing counter for Hempstead County. Call about hours, copies, filing by mail, and hearing logistics. | (870) 777-2241; [email protected]; https://hempsteadcountyar.com/county-clerk/ |
| Arkansas Judiciary official probate forms | State forms for petitions, notices, letters, inventories, accountings, and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. | https://arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Statewide probate cover sheet | Cover sheet used with probate filings in Arkansas circuit courts. | https://arcourts.gov/sites/default/files/formatted-files/PR_cover_Nov_2023.pdf |
| Arkansas Law Help | Public legal-information site with small estate materials under A.C.A. § 28-41-101. | https://arlawhelp.org |
| Search ARCourts | Free statewide case information for circuit courts. Search by name or case number at caseinfo.arcourts.gov/opad. | https://caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Statewide income-restricted civil legal-aid intake. Its priorities may not include estate administration, so call to check eligibility and scope. | 1-800-952-9243; https://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 account, insurance, retirement, and property details so the family can see what belongs in the estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized Arkansas probate packet, including the forms and supporting information commonly needed for a Hempstead County filing.
Find a local probate attorney. When the estate needs legal advice, a property sale, contested work, or court appearances, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to understand assets, tasks, and next steps in the estate settlement process without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Hempstead County?
File with the Hempstead County Clerk's office at the courthouse in Hope. The case is in the probate division of the Hempstead County Circuit Court.
Is the Hempstead County Circuit Clerk the probate filing counter?
No. In Hempstead County, probate filings go to the Hempstead County Clerk's office. The circuit clerk is a separate office in the same courthouse.
What does it cost to open a Hempstead County estate?
The filing fee is $165.00, current 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 has a separate $25.00 filing fee, current as of August 2026, and $5.00 per certified copy, current as of August 2026, under A.C.A. § 28-41-101.
Can I e-file a Hempstead County probate case?
Attorneys use eFlex at efile.arcourts.gov. If you are filing for yourself, ask the Hempstead County Clerk whether this court will register you for a probate filing. If not, ask about filing in person in Hope or by mail to PO Box 1420.
Can I look up a Hempstead County probate case online?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides free statewide circuit case information. Online access to documents depends on the court and the type of record.
Does Hempstead County have its own probate forms?
Hempstead County does not add a separate county probate packet on the Hempstead County Clerk materials. Use the Arkansas Judiciary official probate forms and statewide probate cover sheet, then call the clerk about copies and local filing instructions.
Will there be a hearing in Hempstead County?
A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise the court may set one under A.C.A. § 28-40-110. If a hearing is set, ask the clerk how the circuit judge handles any phone or video request.
Do I have to travel to Hope to settle the estate?
Not always for every step. You can ask the Hempstead County Clerk about filing by mail, eFlex registration for this particular court, and how to request permission for phone or video participation if a hearing is set. Do not assume travel is avoided until the clerk or the court confirms the procedure.
How long do creditors have in an Arkansas estate?
After letters issue, the personal representative must publish notice of appointment. Claims are measured from the first publication, and the Arkansas claims period is six months under 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.