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Lafayette County, AR Probate Information
Quick facts
| Item | Lafayette County information |
|---|---|
| Court | Lafayette County Circuit Court, probate division |
| Courthouse city | Lewisville |
| Probate filings go to | Call before filing. Lafayette County has two clerk counters on Courthouse Square: Lafayette County Circuit Clerk, 3rd & Spruce Streets, Lewisville, AR 71845, (870) 921-4878; and Lafayette County Clerk, #2 Courthouse Square, Lewisville, AR 71845, (870) 921-4633. |
| Fax | Lafayette County Circuit Clerk fax: (870) 921-4879 |
| Mailing address | No separate mailing address is published for probate filings. Ask the clerk which address to use before mailing an original will, petition, affidavit, payment, or estate settlement paperwork. |
| Hours | Counter hours, midday closures, and filing cutoffs are not published online for the Lafayette County clerk counters. Call before visiting. |
| Filing fee | $165.00 to open a decedent estate, made up of the $150.00 uniform filing fee under A.C.A. § 21-6-403, last reprinted by 2013 Act 282 approved March 6, 2013, plus the $15.00 court technology fee under A.C.A. § 21-6-416, created by 2009 Act 328 approved March 9, 2009. The affidavit for collection of small estate by distributee costs $25.00, plus $5.00 per certified copy, under A.C.A. § 28-41-101, as reprinted by 2021 Act 423 approved March 23, 2021. |
| Local forms | Lafayette County does not publish a separate probate packet online. Use the Arkansas Judiciary's Official Probate Forms and the statewide probate cover sheet. |
| E-filing | Attorneys file through eFlex at efile.arcourts.gov under Administrative Order No. 21. A self-represented filer should ask the Lafayette clerk whether that court will register them; otherwise, ask about filing in person or by mail. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is the free statewide case-information search. Document availability differs by court. |
| Remote appearance | Ask the clerk whether the circuit judge permits phone or video attendance for a particular hearing, and check the Eighth South Judicial Circuit's Administrative Order No. 14 plan for any local practice. |
| Website | https://portal.arkansas.gov/counties/lafayette/ |
Before you begin — know the assets and liabilities
Before you choose a Lafayette County filing path, list the assets, debts, account numbers, title documents, deed information, beneficiaries, and likely creditors. That inventory tells you whether the family needs a personal representative with letters or whether an affidavit route may be enough for the estate settlement.
Sunset's estate settlement tools can help identify accounts across more than 2,300 financial institutions, organize what is known, and turn the asset list into the documents an Arkansas probate attorney or clerk will ask to see.
Which court handles jurisdiction
Probate for Lafayette County is filed in Lewisville in the probate division of the Lafayette County Circuit Court, which sits in Arkansas's Eighth South Judicial Circuit with Miller County. The case is still filed at the Lafayette County courthouse location, not in another county.
Arkansas venue is governed by A.C.A. § 28-40-102: the case is filed where the decedent resided, or, for a nonresident, where the greater part in value of Arkansas property is located, with additional rules if the decedent died in Arkansas or left only a cause of action. The first legally commenced proceeding controls statewide property, and a case filed in the wrong county can be transferred rather than dismissed.
Lafayette County is not one of Arkansas's ten counties with two local probate filing districts. The local issue is different: the county has separate Circuit Clerk and County Clerk counters, and families should call before filing to confirm which counter is acting as probate clerk for decedent estates.
The jurisdiction process
- Gather the death certificate, the original will if there is one, deed information, account information, creditor information, and names and addresses for heirs and devisees.
- Check the five-year outer limit. Arkansas generally will not admit a will or grant administration unless the application is made within five years from death under A.C.A. § 28-40-103.
- Choose the filing route. If 45 days have passed and the estate qualifies under A.C.A. § 28-41-101, including the rule that the $100,000 amount is measured less encumbrances and excludes the homestead and statutory allowances, the affidavit for collection of small estate by distributee may be available. Otherwise, prepare a petition for appointment of a personal representative.
- Prepare the Arkansas Judiciary probate form that matches the case, attach the statewide probate cover sheet, and include the original will when one is being offered.
- Call Lafayette County before filing. Ask whether the probate clerk for decedent estates is the Circuit Clerk at (870) 921-4878 or the County Clerk at (870) 921-4633, and ask how that counter wants filings delivered and paid.
- File the petition or affidavit at the proper Lafayette County clerk counter in Lewisville. Opening a decedent estate costs $165.00, consisting of the $150.00 fee under A.C.A. § 21-6-403, last reprinted by 2013 Act 282 approved March 6, 2013, and the $15.00 technology fee under A.C.A. § 21-6-416, created by 2009 Act 328 approved March 9, 2009. Ask the court about a Rule 72 in forma pauperis request if the filing fee cannot be paid.
- Watch for notice and hearing instructions. Under A.C.A. § 28-40-110, a hearing is required if the petition is opposed or a demand for notice has been filed, and the court may set a hearing in other cases.
- After the court appoints the personal representative, the clerk issues letters testamentary or letters of administration under the court's seal under A.C.A. § 28-48-102.
- Publish notice of appointment and serve copies as required. A.C.A. § 28-40-111 gives creditors six months from the first publication to present claims, and known heirs, devisees, known creditors, and the Department of Human Services receive notice as the statute provides.
- Administer and close the estate settlement: collect assets, inventory estate property, evaluate and pay valid debts and taxes, account to the court when required, distribute remaining property, and seek discharge.
Forms and documents
Probate forms in Lafayette County
Use the Arkansas Judiciary's statewide probate forms for Lafayette County matters. The statewide set includes petitions for appointment, probate of a will, proof of will, bond, 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.
Lafayette County does not publish a separate local probate packet online. Because the county has two clerk counters, call before filing to ask which counter wants the statewide probate cover sheet, the original will, copies, payment, and any return envelopes.
Local nuance
Lafayette County-specific considerations
| Local issue | What to do |
|---|---|
| Two clerk counters | Lafayette County has a Circuit Clerk at 3rd & Spruce Streets, (870) 921-4878, and a County Clerk at #2 Courthouse Square, (870) 921-4633. Call before filing to confirm which counter is receiving probate filings. |
| Address ambiguity | Use the Circuit Clerk's 3rd & Spruce Streets address only for that counter, and the County Clerk's #2 Courthouse Square address only for that counter. Do not mail original estate settlement papers until a clerk confirms the correct counter and mailing instruction. |
| Hours not published online | Call before visiting Lewisville. Ask for current counter hours, any filing cutoff, acceptable payment methods, and whether the clerk will issue certified copies the same day. |
Recent updates
| Date | Update |
|---|---|
| January 1, 2026 | Legal Aid of Arkansas became the statewide Legal Services Corporation funded provider for all 75 Arkansas counties. |
| December 9, 2025 | The Arkansas Judiciary eFlex Electronic Filing Rejection Policy took effect for filings made through efile.arcourts.gov. |
| June 5, 2026 | The Arkansas Judiciary announced that subscription-based payment in eFlex would end, while other payment methods would remain available. |
| Current public case search | Search ARCourts at caseinfo.arcourts.gov/opad is the statewide public case-information portal. |
Scenarios
| Scenario | Likely Lafayette County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with the deed and survivorship language. If property still needs a probate transfer, consider the homestead and statutory allowances under A.C.A. § 28-39-101, then call the Lafayette clerk counters to confirm where the filing goes. | Sunset organizes the home, accounts, debts, beneficiary information, and estate settlement documents so the spouse and attorney can see whether letters are needed. |
| Out-of-state adult child with small estate | If 45 days have passed and the estate qualifies under A.C.A. § 28-41-101, the affidavit for collection of small estate by distributee is filed with the probate clerk of the circuit court in Lafayette County. Call before mailing to confirm whether the Circuit Clerk or County Clerk is receiving the filing. A certified copy then goes to the bank or other holder of property. | Sunset helps identify accounts, prepare a clear asset list, and assemble the affidavit packet for review before the child sends anything to Lewisville. |
| Parent settling predeceased child's estate, home must be sold | An affidavit under A.C.A. § 28-41-101 can reach real property, but real property adds publication and a creditor window. A sale often requires letters from a full administration, so the parent should speak with an Arkansas probate attorney before listing the home. | Sunset helps gather deed information, mortgage details, creditor information, account records, and attorney-ready estate settlement materials. |
Self-help resources
| Resource | How it helps Lafayette County families |
|---|---|
| Arkansas Judiciary Official Probate Forms | Provides the statewide probate forms used in Arkansas circuit courts, including decedent estate forms and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. |
| Statewide probate cover sheet | Use with probate filings in Arkansas. Call the Lafayette clerk before filing to ask which counter wants the cover sheet and how copies should be arranged. |
| Arkansas Law Help | Provides public legal information, including small-estate materials that track A.C.A. § 28-41-101. |
| Search ARCourts | Search ARCourts at caseinfo.arcourts.gov/opad lets users search statewide public case information without a login. Online document access differs by court. |
| Legal Aid of Arkansas | Statewide intake is 1-800-952-9243. Legal Aid of Arkansas is income-restricted and may not take estate matters, but eligible families can ask about available civil legal help. |
| Lafayette County clerk counters | Call the Circuit Clerk at (870) 921-4878 and the County Clerk at (870) 921-4633 before traveling or mailing original papers, because the county does not publish which counter currently receives decedent estate filings. |
When to hire an attorney
A lawyer is especially useful in Lafayette County when a home must be sold, the will may be challenged, creditors are pressing, the estate may be insolvent, the proposed personal representative lives outside Arkansas, or the family is unsure which of the two Lewisville clerk counters receives probate filings. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions, helps organize account information, and gives the family a clearer starting point for estate settlement.
Generate the probate packet. Sunset turns the family's information into an organized Arkansas probate packet, including the details an attorney or Lafayette County clerk will need to review before filing.
Find a local probate attorney. When real estate, creditors, family conflict, or a Lafayette County filing question makes the case harder, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to understand the next step, prepare for court or attorney review, and move the estate settlement forward without paying Sunset.
Frequently asked questions
Where do I file probate in Lafayette County, Arkansas?
File in Lewisville in the probate division of the Lafayette County Circuit Court. Because Lafayette County has both a Circuit Clerk and a County Clerk, call before filing to confirm which clerk counter is receiving probate filings for decedent estates.
Which Lafayette County clerk should I call about probate?
Call both if needed. The Lafayette County Circuit Clerk is at (870) 921-4878, and the Lafayette County Clerk is at (870) 921-4633. Ask which counter is acting as the probate clerk, what hours apply, and how to submit original documents.
How much does it cost to open a probate estate in Lafayette County?
The statewide Arkansas cost to open a decedent estate is $165.00: $150.00 under A.C.A. § 21-6-403, last reprinted by 2013 Act 282 approved March 6, 2013, plus $15.00 under A.C.A. § 21-6-416, created by 2009 Act 328 approved March 9, 2009. The affidavit for collection of small estate by distributee costs $25.00 plus $5.00 per certified copy under A.C.A. § 28-41-101, as reprinted by 2021 Act 423 approved March 23, 2021.
Can I use a small-estate affidavit in Lafayette County?
Yes, if the Arkansas requirements are met. Under A.C.A. § 28-41-101, 45 days must have passed, the estate must qualify under the $100,000 calculation after encumbrances and with the homestead and statutory allowances excluded, and the affidavit must be filed with the probate clerk of the circuit court. In Lafayette County, call first to confirm which clerk counter receives it.
Can I e-file a Lafayette County probate case?
Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the Lafayette clerk whether that court will register them for e-filing in that particular case, and should also ask about filing in person or by mail.
Can I appear by phone or video for a Lafayette County probate hearing?
Ask the clerk before the hearing. Remote attendance depends on the circuit judge and any practice in the Eighth South Judicial Circuit's Administrative Order No. 14 plan.
Will there be a hearing in my Lafayette County probate case?
Under A.C.A. § 28-40-110, 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, so do not assume either result until the clerk or court sends instructions.
Can I look up a Lafayette County probate case online?
Search ARCourts at caseinfo.arcourts.gov/opad provides free statewide case information. Document availability differs by court, so the online search may not show every filing.
Do I have to travel to Lewisville to file?
Call before traveling. Ask which clerk counter is receiving probate filings, whether mail filing is accepted for your document, what payment method is required, and whether any hearing can be handled without an in-person appearance.
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.