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Marion County, AR Probate Information
Quick facts
| Topic | Marion County information |
|---|---|
| Court | Marion County Circuit Court, probate division |
| Probate filings go to | Marion County Circuit/County Clerk |
| Courthouse address | 300 E. Old Main St., Yellville, AR 72687 |
| Mailing address | P.O. Box 385, Yellville, AR 72687 |
| Phone | (870) 449-6226 |
| Fax | (870) 449-4979 |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. |
| Filing fee | $165.00 to open a decedent's estate, as of August 2026: $150.00 uniform filing fee under A.C.A. § 21-6-403, effective by Act 282 of 2013 on March 6, 2013, plus $15.00 court technology fee under A.C.A. § 21-6-416, created by Act 328 of 2009 on March 9, 2009. $25.00 to file an affidavit for collection of small estate by distributee, as of August 2026, plus $5.00 per certified copy, under A.C.A. § 28-41-101. |
| Local forms | The Arkansas Judiciary publishes the statewide Official Probate Forms and probate cover sheet. The Marion County Circuit/County Clerk page does not post a separate county-specific probate packet. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the Marion County Circuit/County Clerk whether that court will register them for electronic filing, and should use in-person or mail filing if not. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides free statewide circuit court case information. Online document access depends on the public record and the court system display. |
| Remote appearance | Ask the Marion County Circuit/County Clerk whether the circuit judge will allow phone or video attendance for a probate setting, and check the Fourteenth Judicial Circuit administrative plan. |
| Website | https://marioncounty.arkansas.gov/Marion-County-Circuit-Clerk |
Before you begin — know the assets and liabilities
Before you file in Marion County, make a working list of the decedent's assets, debts, beneficiary designations, co-owned property, and any original will. That first pass determines whether the estate settlement needs letters from the court, whether an affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 may fit, and who must receive notice.
Sunset's 2,300-institution asset discovery helps families find accounts, insurance, retirement assets, and debts before the Yellville filing is prepared. A clearer asset picture reduces rejected filings, missed notice duties, and avoidable estate settlement delays.
Which court handles jurisdiction
File Marion County probate matters at the Marion County Courthouse in Yellville with the Marion County Circuit/County Clerk for the probate division of the Marion County Circuit Court. Marion County is in Arkansas's Fourteenth Judicial Circuit, but the filing stays at the Marion County courthouse for a Marion County case.
Arkansas venue for probate of a will or administration is in the county where the decedent resided at death, or, for a nonresident, where the greater part in value of the Arkansas property is located; if there is no Arkansas residence or property and the death occurred in Arkansas, venue is where the death occurred; and if there is no Arkansas residence or property and death occurred outside Arkansas, venue is any county where a cause of action may be maintained by the personal representative (A.C.A. § 28-40-102). The first legally commenced proceeding controls statewide property, and a case filed in the wrong county can be transferred rather than dismissed (A.C.A. § 28-40-102).
The jurisdiction process
- Find the original will, death certificate, asset information, creditor information, and names and addresses for heirs and devisees before choosing the Marion County filing path.
- Check the Arkansas five-year outer limit: no will is admitted to probate and no administration is granted unless the application is made within five years from death, subject to the statutory exceptions (A.C.A. § 28-40-103).
- Decide whether the affidavit for collection of small estate by distributee can be used. As of August 2026, it may fit when 45 days have passed, no personal representative petition is pending or granted, and the estate value is $100,000 or under after encumbrances and excluding the homestead and statutory allowances (A.C.A. § 28-41-101; A.C.A. § 28-39-101). Otherwise, prepare a full administration filing.
- Prepare the Arkansas Judiciary probate form that matches the request, such as the petition for probate of will and appointment of personal representative or the petition for appointment of an administrator, and include the statewide probate cover sheet.
- File with the Marion County Circuit/County Clerk at 300 E. Old Main St. in Yellville or by mail to P.O. Box 385, Yellville, AR 72687. The opening fee is $165.00 as of August 2026, made up of the $150.00 fee under A.C.A. § 21-6-403 and the $15.00 technology fee under A.C.A. § 21-6-416. Ask the court about a Rule 72 in forma pauperis request if the filing fee cannot be paid.
- The circuit judge may set a hearing, and must do so if the petition is opposed or a demand for notice is on file (A.C.A. § 28-40-110). Ask the clerk how the judge handles any phone or video request before the date is set.
- After appointment, the court appoints the personal representative and the clerk issues letters testamentary or letters of administration under the court's seal when the required acceptance and any required bond step are complete (A.C.A. § 28-48-102).
- Publish the notice of appointment, send required copies to heirs, devisees, known creditors, and the Department of Human Services when required, complete the inventory and administration, handle claims that are not barred after six months from first publication, pay debts and taxes, then file the accounting, final distribution request, and discharge papers (A.C.A. § 28-40-111).
Forms and documents
Probate forms in Marion County
Use the Arkansas Judiciary's statewide probate forms for Marion County filings. The statewide set includes decedent-estate forms for appointment, proof of will, notice, bond, acceptance, letters, inventory, claims, accounting, and Form 23, Affidavit for Collection of Small Estate by Distributee under A.C.A. § 28-41-101.
Also include the statewide probate cover sheet with a new Marion County probate filing. The Marion County Circuit/County Clerk page does not post a separate county-specific probate packet, checklist, or local cover-sheet instruction.
Local nuance
Marion County-specific considerations
| Local point | What it means for a Marion County filing |
|---|---|
| Yellville courthouse | Marion County probate filings are handled in Yellville. Do not confuse Marion County with the city of Marion in Crittenden County. |
| Combined clerk office | Marion County uses a Circuit/County Clerk office, so families do not need to choose between separate clerk counters for a probate filing. |
| Fourteenth Judicial Circuit | The circuit also includes Baxter, Boone, and Newton counties, but a Marion County estate is filed at the Marion County courthouse unless a court orders otherwise. |
Recent updates
| Date | Update |
|---|---|
| January 1, 2026 | Legal Aid of Arkansas became the sole statewide Legal Services Corporation funded civil legal-aid provider for all 75 Arkansas counties. Families should use Legal Aid of Arkansas statewide intake rather than an older provider name. |
| December 9, 2025 | The Arkansas Judiciary announced an eFlex Electronic Filing Rejection Policy under Administrative Order No. 21 at efile.arcourts.gov. |
| June 5, 2026 | The Arkansas Judiciary announced that eFlex subscription-based payments would end, while other payment methods would remain available. |
| Current case search | Arkansas is moving public case lookup to Search ARCourts at caseinfo.arcourts.gov/opad. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking title to the home and whether any Marion County probate asset remains. If a court filing is needed, file at the Yellville courthouse. The homestead exclusion and statutory allowances may affect whether the affidavit path fits (A.C.A. § 28-41-101; A.C.A. § 28-39-101). | Sunset helps identify accounts, debts, insurance, and property so the spouse can see whether court authority is needed for the estate settlement. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate qualifies as of August 2026, the affidavit for collection of small estate by distributee is filed with the Marion County Circuit/County Clerk, and certified copies are used with banks or asset holders (A.C.A. § 28-41-101). If letters are needed, ask the clerk about filing by mail and whether any hearing attendance can be handled by phone or video. | Sunset can assemble the asset list, generate a probate packet, and connect the child with Arkansas counsel if letters or a hearing are needed. |
| Parent settling predeceased child's estate, home must be sold | The affidavit route can include real property, but it brings publication and creditor steps under A.C.A. § 28-41-101. A sale often requires a personal representative with letters testamentary or letters of administration issued after appointment (A.C.A. § 28-48-102). | Sunset helps organize the home, debts, notices, and court forms, then connects the family with a local probate attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Link or phone |
|---|---|---|
| Marion County Circuit/County Clerk | Local filing counter for Marion County probate filings, hours, mailing address, and filing questions. | https://marioncounty.arkansas.gov/Marion-County-Circuit-Clerk, (870) 449-6226 |
| Arkansas Judiciary official probate forms | Statewide probate forms, including petitions, notices, letters, inventory, accounting, 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 |
| Arkansas Judiciary probate cover sheet | Statewide cover sheet used with probate filings. | https://arcourts.gov/sites/default/files/formatted-files/PR_cover_Nov_2023.pdf |
| Arkansas Law Help | Public legal-information site with a small-estate packet that tracks A.C.A. § 28-41-101. | https://arlawhelp.org |
| Search ARCourts | Free statewide circuit court case information search. Some public records may link to documents, but not every filing appears online. | https://caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Statewide civil legal-aid intake for eligible Arkansans. Estate representation is not listed as a guaranteed service, so ask about eligibility and subject matter. | 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 institutions to help families find bank, brokerage, retirement, insurance, and debt information before the Marion County estate settlement begins.
Generate the probate packet. Sunset uses the family's answers to assemble the documents needed for the selected Arkansas path, including the Marion County filing location and the statewide probate cover sheet.
Find a local probate attorney. When a sale, dispute, creditor issue, or court appearance needs counsel, Sunset connects families with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, identify assets, and understand next steps without paying Sunset for access.
Frequently asked questions
Where do I file probate in Marion County, Arkansas?
File with the Marion County Circuit/County Clerk for the probate division of the Marion County Circuit Court at 300 E. Old Main St., Yellville, AR 72687. Mail filings go to P.O. Box 385, Yellville, AR 72687.
Is Marion County probate filed in the city of Marion?
No. Marion County's courthouse city is Yellville. The city of Marion is in Crittenden County, so use the Yellville courthouse for a Marion County estate.
How much does it cost to open a Marion County probate case?
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 Rule 72 in forma pauperis request may be available if the filer cannot pay.
Can I use a small estate affidavit in Marion County?
Arkansas's affidavit for collection of small estate by distributee is filed with the probate clerk of the circuit court. As of August 2026, it may be used when the requirements in A.C.A. § 28-41-101 are met, including 45 days since death and the $100,000 value rule with the statutory exclusions. The filing charge is $25.00 as of August 2026, plus $5.00 for each certified copy, under A.C.A. § 28-41-101.
Does Marion County publish its own probate forms?
The Marion County Circuit/County Clerk page does not post a separate county-specific probate packet. Use the Arkansas Judiciary's statewide probate forms and the statewide probate cover sheet.
Can I e-file a Marion County probate case?
Attorneys use eFlex at efile.arcourts.gov. If you are filing for yourself, ask the Marion County Circuit/County Clerk whether that court will register you for electronic filing, and use in-person or mail filing if the court directs you to do so.
Will I have a hearing in Marion County probate?
A hearing is required if the petition is opposed or a demand for notice is on file, and otherwise is up to the circuit judge (A.C.A. § 28-40-110). Ask the clerk how the Fourteenth Judicial Circuit handles any phone or video request for a scheduled hearing.
How do I look up a Marion County probate case online?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides free statewide circuit court case information, though document access depends on what is public and what appears online for the case.
What deadline matters most if I find a will late?
Arkansas generally requires the application to admit a will or grant administration within five years from death, subject to statutory exceptions (A.C.A. § 28-40-103). Once letters issue and notice is published, creditor claims are generally 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.