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Hot Spring County, AR Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Hot Spring County Circuit Court, probate division |
| Courthouse address | 210 Locust Street, Malvern, AR 72104 |
| Probate filings go to | Call ahead because Hot Spring County posts separate County Clerk and Circuit Clerk pages but does not identify one single probate counter. County Clerk: (501) 332-2291. Circuit Clerk: (501) 332-2281. |
| Mailing address | 210 Locust Street, Malvern, AR 72104 |
| Fax | (501) 332-2221 |
| Hours | Not posted on the County Clerk or Circuit Clerk pages. Call before travelling. |
| Filing fee | $165.00 to open a decedent's estate, consisting of $150.00 under A.C.A. § 21-6-403, reprinted by Act 282, approved March 6, 2013, plus the $15.00 court technology fee under A.C.A. § 21-6-416, created by Act 328, approved March 9, 2009. The affidavit for collection of small estate by distributee costs $25.00 under A.C.A. § 28-41-101, with $5.00 per certified copy, as reprinted unchanged by Act 423, approved March 23, 2021. |
| Local forms | No Hot Spring County-specific probate form is posted on the County Clerk or Circuit Clerk pages. Use the Arkansas Judiciary 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 clerk whether this court will register them, and should also ask about filing 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 clerk whether the circuit judge will allow phone or video attendance for a particular hearing, and check the Seventh Judicial Circuit administrative plan. |
| Website | hotspringcounty.org/county-clerk/ and hotspringcounty.org/circuit-clerk/ |
Before you begin — know the assets and liabilities
Before you choose a filing path in Hot Spring County, list the assets, debts, account numbers, real property, vehicles, beneficiary designations, and any original will. Arkansas venue depends on the facts in A.C.A. § 28-40-102, so asset location and residence at death matter before forms are prepared.
Sunset can help organize estate settlement by searching more than 2,300 financial institutions for accounts and assets, then turning the results into a probate packet you can review with a local Arkansas attorney or bring to the clerk.
Which court handles jurisdiction
Probate for Hot Spring County is filed at the Hot Spring County Courthouse in Malvern, in the probate division of the Hot Spring County Circuit Court. Hot Spring County shares Arkansas's Seventh Judicial Circuit with Grant County, but sharing a circuit does not move the filing counter. A Hot Spring County estate is filed in Malvern.
Arkansas venue starts in the county where the decedent lived at death. If the decedent did not live in Arkansas, venue moves to the county with the greater part in value of the decedent's Arkansas property, then to the county of death, and then to a county where the personal representative could maintain a cause of action if the other rules do not apply. The first legally commenced proceeding controls, and a misfiled case is transferred rather than dismissed (A.C.A. § 28-40-102).
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debt information, and names and addresses for heirs, devisees, and known creditors.
- Check timing. Arkansas generally requires application to admit a will or grant administration within five years of death (A.C.A. § 28-40-103).
- Choose the filing path. If 45 days have passed, no personal representative has been appointed, and the estate fits the affidavit for collection of small estate by distributee rules, the affidavit route may be available under A.C.A. § 28-41-101. Otherwise, prepare a petition for probate of will and appointment of personal representative, or a petition for appointment of an administrator.
- Use the Arkansas Judiciary probate forms and add the statewide probate cover sheet before filing.
- Call the Hot Spring County courthouse before you go. Ask whether the County Clerk at (501) 332-2291 or the Circuit Clerk at (501) 332-2281 is taking probate filings that day.
- File at 210 Locust Street in Malvern and pay the opening fee. The current statewide opening cost is $165.00, consisting of $150.00 under A.C.A. § 21-6-403, reprinted by Act 282, approved March 6, 2013, plus $15.00 under A.C.A. § 21-6-416, created by Act 328, approved March 9, 2009. If payment is a barrier, ask about proceeding in forma pauperis under Rule 72.
- Watch for hearing instructions. A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise is set only if the court fixes one (A.C.A. § 28-40-110).
- After appointment, the court appoints the personal representative and the clerk issues letters testamentary or letters of administration under the court's seal (A.C.A. § 28-48-102).
- Publish the notice of appointment, serve copies on heirs, devisees, and known creditors within one month after first publication, and serve the Department of Human Services when required. Claims are barred six months after first publication under A.C.A. § 28-40-111.
- Administer and close the estate by collecting assets, handling claims, paying valid debts and taxes, filing required inventory or accounting papers, distributing property, and seeking discharge when the estate is ready to close.
Forms and documents
Probate forms in Hot Spring County
Hot Spring County does not post a county-specific probate form, checklist, or cover-sheet instruction on the County Clerk or Circuit Clerk pages. Use the Arkansas Judiciary's Official Probate Forms for the probate division and the statewide probate cover sheet.
| Form resource | How it helps in Hot Spring County |
|---|---|
| Arkansas Judiciary Official Probate Forms | Includes petitions, proof of will, bond, acceptance of appointment, letters testamentary, letters of administration, notices, inventory, accounting, and the affidavit for collection of small estate by distributee (A.C.A. § 28-41-101; A.C.A. § 28-48-102). |
| Statewide probate cover sheet | Use this cover sheet with the probate filing packet when opening or closing a case. |
| Hot Spring County clerk pages | The County Clerk and Circuit Clerk pages list office contact information but do not post a local probate packet. Call before travelling to confirm the current filing counter. |
Local nuance
Hot Spring County-specific considerations
| Local issue | What to do |
|---|---|
| The probate counter is not named on the county clerk pages | Hot Spring County posts separate County Clerk and Circuit Clerk pages, and neither page identifies one single probate filing counter. Call both numbers if needed before you travel: County Clerk (501) 332-2291 and Circuit Clerk (501) 332-2281. |
| Hot Spring County is not Hot Springs | Use Malvern and Hot Spring County when checking the courthouse, forms, or case information. The city of Hot Springs is in Garland County. |
| One courthouse serves the county | Hot Spring County probate filings are tied to the Hot Spring County Courthouse at 210 Locust Street in Malvern. The Seventh Judicial Circuit also includes Grant County, but a Hot Spring County estate is not filed in Grant County. |
Recent updates
| Update | What changed |
|---|---|
| Legal aid coverage changed January 1, 2026 | Legal Aid of Arkansas became the statewide Legal Services Corporation-funded provider for all 75 Arkansas counties. It is income-restricted, and estate administration is not on its published priority list. |
| eFlex filing rules changed December 9, 2025 | The Arkansas Judiciary announced an Electronic Filing Rejection Policy for eFlex at efile.arcourts.gov under Administrative Order No. 21. |
| eFlex subscription billing ends June 5, 2026 | The Arkansas Judiciary announced that subscription-based payment support in eFlex will end on that date, while other payment methods remain available. |
| State case search changed | Arkansas is retiring its older public case-search tool in favor of Search ARCourts at caseinfo.arcourts.gov/opad. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Hot Spring County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking how the Malvern-area home is titled and whether it passes outside probate. If an estate filing is still needed, statutory allowances may affect the affidavit calculation under A.C.A. § 28-39-101, and the probate filing still goes through the Hot Spring County courthouse after you call to confirm the right clerk counter. | Sunset organizes accounts, debts, title details, and beneficiary information so the spouse can see whether estate settlement requires a court filing. |
| Out-of-state adult child with a small estate | If the affidavit route fits A.C.A. § 28-41-101, the affidavit is filed with the probate clerk of the circuit court, and certified copies are then used with banks or other holders of property. If letters are needed, ask about Form 9, Designation of Process Agent, and ask the clerk whether phone or video attendance may be allowed for any hearing. | Sunset can build a document checklist, locate accounts, and connect the child with local counsel when travel to Malvern is hard. |
| 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 and creditor timing. A sale often needs letters testamentary or letters of administration under A.C.A. § 28-48-102, so counsel should review the path before listing the home. | Sunset helps identify assets and debts, prepare the estate settlement packet, and connect the family with a local probate attorney. |
Self-help resources
| Resource | How to use it |
|---|---|
| Hot Spring County Clerk | Call (501) 332-2291 or go to 210 Locust Street, Malvern, AR 72104. Ask whether this office is taking probate filings or will direct you to the Circuit Clerk. |
| Hot Spring County Circuit Clerk | Call (501) 332-2281 or go to 210 Locust Street, Malvern, AR 72104. Ask whether this office is taking probate filings or will direct you to the County Clerk. |
| Arkansas Judiciary Official Probate Forms | Use the free statewide probate forms for petitions, notices, letters, inventory, accounting, and the affidavit for collection of small estate by distributee (A.C.A. § 28-41-101; A.C.A. § 28-48-102). |
| Statewide probate cover sheet | Include the Arkansas probate cover sheet with the filing packet. |
| Arkansas Law Help | Use arlawhelp.org for public legal information, including a small-estate packet tied to A.C.A. § 28-41-101. |
| Search ARCourts | Use caseinfo.arcourts.gov/opad to search free statewide case information. Document access varies by court. |
| Legal Aid of Arkansas | Call statewide intake at 1-800-952-9243 or visit arlegalaid.org to check eligibility. It is income-restricted, and estate administration is not on its published priority list. |
When to hire an attorney
Probate counsel is especially useful in Hot Spring County when the clerk counter is unclear, the estate includes real property, a sale is planned, creditors may object, heirs disagree, the personal representative lives outside Arkansas, or the five-year filing rule under A.C.A. § 28-40-103 is a concern. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps organize balances, debts, insurance, real property, and beneficiary information before the family chooses an estate settlement path.
Generate the probate packet. Sunset turns the asset picture into a practical filing checklist and probate packet, including the information needed for the Arkansas Judiciary forms and the statewide cover sheet.
Find a local probate attorney. When a Hot Spring County filing needs legal judgment, Sunset can connect the family with an Arkansas probate attorney who understands the Malvern courthouse process.
Sunset is free for families. Families can use Sunset to organize estate settlement, identify next steps, and decide whether to file on their own or work with counsel.
Frequently asked questions
Where do I file probate in Hot Spring County?
File at the Hot Spring County Courthouse, 210 Locust Street, Malvern, AR 72104, in the probate division of the Hot Spring County Circuit Court. Call ahead because the county posts separate County Clerk and Circuit Clerk pages but does not identify one single probate filing counter. County Clerk: (501) 332-2291. Circuit Clerk: (501) 332-2281.
Is Hot Spring County the same as Hot Springs?
No. Hot Spring County has its courthouse in Malvern. The city of Hot Springs is in Garland County. Use Malvern and Hot Spring County when checking forms, case information, and courthouse contact information.
What does it cost to open probate in Hot Spring County?
The statewide opening cost is $165.00, consisting of $150.00 under A.C.A. § 21-6-403, reprinted by Act 282, approved March 6, 2013, plus $15.00 under A.C.A. § 21-6-416, created by Act 328, approved March 9, 2009. The affidavit for collection of small estate by distributee costs $25.00 under A.C.A. § 28-41-101, with $5.00 per certified copy, as reprinted unchanged by Act 423, approved March 23, 2021.
Can I e-file a Hot Spring County probate case?
Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Hot Spring County clerk whether this court will register them, and should also ask about filing in person or by mail.
Will Hot Spring County set a probate hearing?
A hearing is required if the petition is opposed or a demand for notice has been filed. Otherwise, the court may set a hearing but does not have to (A.C.A. § 28-40-110). The county does not post a local hearing day or waiting period for probate matters.
Can I attend a Hot Spring County probate hearing by phone or video?
Ask the clerk before the hearing. Phone or video attendance depends on the circuit judge and the Seventh Judicial Circuit administrative plan for the specific case.
How do I look up a Hot Spring County probate case?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides free statewide case information. Whether particular probate documents can be viewed online varies by court.
Does Hot Spring County have its own probate forms?
Hot Spring County does not post a county-specific probate form or checklist on the County Clerk or Circuit Clerk pages. Use the Arkansas Judiciary Official Probate Forms and the statewide probate cover sheet.
Do I have to travel to Malvern to start estate settlement?
Call the clerk first. Attorneys use eFlex at efile.arcourts.gov, and self-represented filers should ask whether this court will register them or accept a filing by mail. If a hearing is set, ask separately whether phone or video attendance may be allowed.
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.