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Madison County, AR Probate Information
Quick facts
| Topic | Madison County details |
|---|---|
| Court | Madison County Circuit Court, probate division. |
| Probate filings go to | Madison County Clerk's office, the ex officio clerk of the probate division under A.C.A. § 14-14-502. Phone: (479) 738-2747. The circuit clerk is a separate office. |
| Judicial circuit | Arkansas's Fourth Judicial Circuit, which includes Madison and Washington counties under A.C.A. § 16-13-1201. A Madison County case is still filed in Huntsville. |
| Courthouse address | Madison County Courthouse, 201 West Main Street, Huntsville, AR 72740. |
| Mailing address | Madison County Clerk, PO Box 37, Huntsville, AR 72740. The circuit clerk uses P.O. Box 626, but that is not the probate mailing address. |
| Phone | (479) 738-2747, Madison County Clerk's office. |
| Fax | (479) 738-1544, the fax number published by the Madison County Clerk's office. The office does not say that filings may be sent by fax. |
| [email protected]. | |
| Hours | The office does not post counter hours online. Call (479) 738-2747 before travelling to Huntsville. |
| Filing fee | Current 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. Current 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. |
| Local forms | Madison County does not publish its own probate form packet, and the clerk's office states that it does not provide legal forms. Use the Arkansas Judiciary's 33 official probate forms and the statewide probate cover sheet, which states that it is required under Administrative Order Number 8. |
| E-filing | Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the Madison County Clerk's office whether this court will register them, and can otherwise plan for filing at the courthouse or by mail. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides free statewide case information. Document availability varies by court. |
| Remote appearance | Telephone or video appearance practice is set by the circuit judge and the Fourth Judicial Circuit's Administrative Order No. 14 plan. Ask the clerk's office before relying on a remote option. |
| Website | https://madisoncountyar.gov/clerk.php. |
Before you begin — know the assets and liabilities
Before you choose an Arkansas probate path, make a working list of the assets, debts, heirs, beneficiaries, and how each account or parcel is titled. In Madison County, the clerk's office in Huntsville files the paperwork but does not provide legal forms or legal advice, so the estate settlement paperwork needs to be complete before you bring or mail it.
Sunset can help organize the estate settlement first by searching across more than 2,300 financial institutions for accounts and assets, then turning that information into the probate packet or attorney handoff you need for Madison County.
Which court handles jurisdiction
Probate for Madison County is filed with the Madison County Clerk's office, which serves as the probate clerk for the Madison County Circuit Court, at the Madison County Courthouse in Huntsville, Arkansas. Mail for the probate counter goes to Madison County Clerk, PO Box 37, Huntsville, AR 72740.
The Huntsville courthouse serves Madison County communities including Huntsville, Hindsville, Kingston, St. Paul, and Wesley. Madison County is in Arkansas's Fourth Judicial Circuit, but sharing a circuit with Washington County does not move a Madison County filing to another county's courthouse.
Arkansas venue for probate follows A.C.A. § 28-40-102: the county where the decedent resided at death comes first; if the decedent did not reside in Arkansas, the county with the greater part in value of the Arkansas property comes next; if there was no Arkansas residence or property but the death occurred in Arkansas, the county of death applies; otherwise the case may be filed in a county where the personal representative could maintain a cause of action. The first legally commenced proceeding controls, and a case filed in the wrong county is transferred rather than dismissed under A.C.A. § 28-40-102.
The jurisdiction process
- Collect the death certificate, the original will if there is one, asset information, debt information, and names and addresses for heirs and beneficiaries.
- Check the Arkansas outer deadline. A will generally cannot be admitted to probate and administration generally cannot be granted unless application is made within five years from death under A.C.A. § 28-40-103.
- Choose the filing path. If 45 days have passed and the estate qualifies for the affidavit for collection of small estate by distributee, use the Arkansas Judiciary form under A.C.A. § 28-41-101. Otherwise prepare the petition for probate of will and appointment of personal representative, or the petition for appointment of an administrator.
- Use the Arkansas Judiciary's official probate forms and add the statewide probate cover sheet. Madison County does not publish a county probate packet, and the clerk's office states that it does not provide legal forms.
- File with the Madison County Clerk's office, the probate clerk for the Madison County Circuit Court, at the Madison County Courthouse, 201 West Main Street, Huntsville, AR 72740, or mail the filing to Madison County Clerk, PO Box 37, Huntsville, AR 72740. Call (479) 738-2747 before travelling because counter hours and filing payment methods are not posted online.
- Pay the filing fee or ask the court about a fee waiver. Current as of August 2026, opening a decedent's estate costs $165.00, 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. A person allowed to proceed in forma pauperis under Rule 72 may have those charges waived under A.C.A. § 21-6-403 and A.C.A. § 21-6-416.
- Handle notice and any hearing. 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. Ask the Madison County Clerk's office how the circuit judge handles phone or video appearance requests.
- The circuit judge appoints the personal representative. The clerk then issues the letters testamentary or letters of administration under the court's seal under 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 include the required Department of Human Services notice when applicable. Creditor claims are barred six months from first publication under A.C.A. § 28-40-111.
- Administer and close the estate by gathering assets, filing the inventory when required, reviewing claims, paying approved debts and taxes, distributing property, accounting as required, and requesting final distribution and discharge.
Forms and documents
Probate forms in Madison County
Madison County does not publish a county probate form packet, probate checklist, or county cover sheet instruction for decedent estates. The county clerk's office also states that Arkansas law prohibits the clerk and staff from giving legal advice and that the office does not provide legal forms.
Use the Arkansas Judiciary's official probate forms for the core filings, including the petition for probate of will and appointment of personal representative, petition for appointment of an administrator, acceptance of appointment, designation of process agent, inventory, letters testamentary, letters of administration, and affidavit for collection of small estate by distributee. The small estate affidavit is filed with the probate clerk under A.C.A. § 28-41-101.
Add the statewide probate cover sheet. The cover sheet is headed for Arkansas circuit court probate matters, is dated November 15, 2023, and states on its face that it is required under Administrative Order Number 8.
Local nuance
Madison County-specific considerations
| Local point | What it means for a Madison County filing |
|---|---|
| Use the county clerk for probate | Madison County has separate county clerk and circuit clerk offices, but probate filings go to the Madison County Clerk's office. The county clerk is the ex officio clerk of the probate division under A.C.A. § 14-14-502. |
| Use the correct post office box | Probate mail goes to Madison County Clerk, PO Box 37, Huntsville, AR 72740. The circuit clerk uses P.O. Box 626, Huntsville, AR 72740, and that is not the probate mailing address. |
| Bring completed paperwork | The clerk's office states that it cannot give legal advice and does not provide legal forms. Use the Arkansas Judiciary's official probate forms and bring or mail a completed filing. |
| Call before travelling | The county clerk's office does not post counter hours online. Call (479) 738-2747 before driving to Huntsville, especially near a deadline. |
| Ask about payment before filing | The office publishes payment limits for other counter services but does not state how it takes the $165.00 probate filing fee. Current as of August 2026, that fee is the $150.00 charge under A.C.A. § 21-6-403 plus the $15.00 charge under A.C.A. § 21-6-416. |
| Do not rely on the dropbox for probate | The office publishes a courthouse dropbox for certain listed non-probate services. It does not say that probate filings may be left there, so ask the clerk before using it for an estate settlement filing. |
| Stay in Madison County | Madison County shares Arkansas's Fourth Judicial Circuit with Washington County, but a Madison County estate is filed at the Madison County Courthouse in Huntsville. |
| Use the current court name | Arkansas probate is handled in the probate division of the Madison County Circuit Court. Use that name on filings and questions to the clerk. |
| Look up the case statewide | The county clerk's probate page links to Search ARCourts at caseinfo.arcourts.gov/opad for case information. Document availability varies by court. |
Recent updates
| Date | Update |
|---|---|
| January 1, 2026 | Legal Aid of Arkansas became the statewide free civil legal services provider for all 75 Arkansas counties. Intake is through one statewide line, 1-800-952-9243. |
| December 9, 2025 | The Arkansas Judiciary's Electronic Filing Rejection Policy took effect for filings made through eFlex 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 Arkansas Judiciary's public case search is Search ARCourts at caseinfo.arcourts.gov/opad. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Madison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and title. If survivorship resolves the home, the estate settlement may focus on accounts or property still in the decedent's name. If a court filing is needed, file with the Madison County Clerk's office in Huntsville. Homestead and statutory allowances matter under A.C.A. § 28-39-101 when evaluating the Arkansas affidavit route under A.C.A. § 28-41-101. | Sunset helps identify accounts, debts, and title issues before the family chooses between an affidavit and full administration. |
| 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 Madison County Clerk's office under A.C.A. § 28-41-101. A certified copy then goes to the bank or other holder of property. If letters are needed, use the full administration path and ask about remote appearance before assuming travel can be avoided. | Sunset can assemble the asset list, generate the forms, and help coordinate mailing or attorney review before a trip to Huntsville. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit route under A.C.A. § 28-41-101 can reach real property, but real property adds publication and a creditor window. A sale often needs letters from a full administration. The case is filed with the county clerk's office in Huntsville, and attorney fee arrangements should be discussed before the sale work begins. | Sunset helps gather account and property information, prepare the local filing packet, and connect the family with a probate attorney when a sale or dispute makes counsel important. |
Self-help resources
The Arkansas Judiciary's self-help directory does not list a Madison County specific probate clinic or local self-help center. Practical starting points are the Madison County Clerk's office for filing logistics, the Arkansas Judiciary's free probate forms, Search ARCourts for case information, and legal help when advice is needed.
| Resource | How it helps |
|---|---|
| Madison County Clerk's office | Madison County Courthouse, 201 West Main Street, Huntsville, AR 72740. Mail to PO Box 37, Huntsville, AR 72740. Phone (479) 738-2747. Fax (479) 738-1544. Email [email protected]. The office files decedent estate administrations, small estate filings under A.C.A. § 28-41-101, guardianships, and related probate division matters, but it does not provide legal advice or legal forms. |
| Arkansas Judiciary official probate forms | Free statewide forms for probate division filings, including petitions, acceptance of appointment, inventory, letters testamentary and letters of administration under A.C.A. § 28-48-102, and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. |
| Statewide probate cover sheet | A one-page Arkansas circuit court probate cover sheet dated November 15, 2023. It states that it is required under Administrative Order Number 8. |
| Arkansas Law Help | Statewide public legal information at arlawhelp.org. Its small estate packet explains the court-filed affidavit process, including the current August 2026 fees of $25.00 to file and $5.00 per certified copy under A.C.A. § 28-41-101. |
| Search ARCourts | Free statewide case information at caseinfo.arcourts.gov/opad. Search by participant name or case number. Document availability varies by court. |
| Legal Aid of Arkansas | Statewide intake at 1-800-952-9243 and online at arlegalaid.org. Legal Aid of Arkansas is income-restricted and limited to its published case priorities, which include guardianship, powers of attorney, and wills. It may not take a decedent estate administration matter. |
When to hire an attorney
A probate attorney is especially useful in Madison County when there is real estate to sell, a possible will contest, creditor pressure, an insolvent estate, an out-of-state personal representative, or uncertainty about whether the affidavit route under A.C.A. § 28-41-101 is enough. The county clerk's office in Huntsville states that it cannot give legal advice and does not provide legal forms, and the local split between county clerk and circuit clerk is easy to get wrong. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so the family can understand what exists before deciding whether a Madison County estate settlement needs a court filing.
Generate the probate packet. Sunset turns the asset list, family information, and court path into a probate packet using Arkansas's official forms, the statewide probate cover sheet, and Madison County filing details.
Find a local probate attorney. When the estate involves real property, a dispute, an out-of-state personal representative, or a sale, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next step, and decide whether to file on their own or work with counsel.
Frequently asked questions
Where do I file probate in Madison County, Arkansas?
File with the Madison County Clerk's office at the Madison County Courthouse, 201 West Main Street, Huntsville, AR 72740. Probate mail goes to Madison County Clerk, PO Box 37, Huntsville, AR 72740.
Do I file with the circuit clerk or the county clerk in Madison County?
Use the county clerk. In Madison County, the county clerk is the ex officio clerk of the probate division under A.C.A. § 14-14-502. The circuit clerk is a separate office and uses P.O. Box 626, which is not the probate mailing address.
What does it cost to open an estate in Madison County?
Current as of August 2026, it costs $165.00 to open a decedent's estate: $150.00 under A.C.A. § 21-6-403 plus $15.00 under A.C.A. § 21-6-416. Current as of August 2026, an affidavit for collection of small estate by distributee costs $25.00 to file under A.C.A. § 28-41-101, plus $5.00 per certified copy.
When is the Madison County Clerk's office in Huntsville open?
The office does not post counter hours online. Call (479) 738-2747 before travelling to Huntsville, especially if you are close to a filing deadline.
Do I have to e-file if I am handling the estate myself?
Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the Madison County Clerk's office whether this court will register them for e-filing, and can otherwise plan for courthouse or mail filing.
Will there be a hearing in a Madison 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 under A.C.A. § 28-40-110, so ask the clerk what the circuit judge requires for your filing.
Can I appear by phone or video instead of travelling to Huntsville?
Do not assume. Telephone or video appearance practice is set by the circuit judge and the Fourth Judicial Circuit's Administrative Order No. 14 plan. Ask the Madison County Clerk's office before relying on a remote option.
How do I look up a Madison County probate case?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides free statewide case information. Document availability varies by court, so ask the Madison County Clerk's office about documents for a particular case.
Does Madison County have its own probate forms?
No county probate packet is published for Madison County, and the clerk's office states that it does not provide legal forms. Use the Arkansas Judiciary's official probate forms and the statewide probate cover sheet. The small estate affidavit form is part of the statewide probate form set under A.C.A. § 28-41-101.
Is there a deadline to open probate in Arkansas?
Yes. A will generally cannot be admitted to probate and administration generally cannot be granted unless application is made within five years from death under A.C.A. § 28-40-103. Creditor claims in an opened estate are barred six months from first publication 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.