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Miller County, AR Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Miller County Circuit Court, probate division |
| Courthouse address | 400 Laurel Street, Texarkana, AR 71854 |
| Probate filings go to | Miller County Clerk, Suite 105, 400 Laurel Street, Texarkana, AR 71854, phone (870) 774-1501 |
| Separate circuit clerk office | Suite 109, phone (870) 774-4501. This is a separate office for other circuit court divisions and land recording, not the probate filing counter. |
| Mailing address | Use the courthouse address unless the Miller County Clerk gives a different mailing instruction. |
| Fax | No probate-office fax is published for the Miller County Clerk. |
| Hours | The county site posts weekday hours of 8:00 a.m. to 4:30 p.m., closed holidays. The circuit clerk page says that office is open during lunch. Call the Miller County Clerk before a probate filing to confirm current probate-counter hours and any filing cutoff. |
| Filing fee | $165.00, current as of August 2026, to open a decedent's estate. That is the $150.00 uniform filing fee under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. The small-estate affidavit fee is $25.00, current as of August 2026, plus $5.00 per certified copy under A.C.A. § 28-41-101. |
| Forms | Use the Arkansas Judiciary's Official Probate Forms and statewide probate cover sheet. Ask the Miller County Clerk whether any local instruction applies before filing. |
| E-filing | Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the Miller County Clerk whether that court will register them, and in-person or mail filing is the fallback. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides free statewide circuit court case information. Document availability varies by court. |
| Remote appearance | Ask the Miller County Clerk and check the Eighth Judicial Circuit Administrative Order No. 14 plan if a hearing is set. Appearance practice is set by the circuit judge and circuit plan. |
| Website | Miller County Clerk: https://millercountyar.gov/county-clerk/ and https://millercountyclerkar.com/services/. Circuit clerk: https://millercountyar.gov/circuit-clerk/. |
Before you begin — know the assets and liabilities
Before you file in Miller County, make a working list of the decedent's assets, debts, accounts, real property, vehicles, benefits and likely creditor issues. That determines whether estate settlement can use the affidavit route under A.C.A. § 28-41-101 or needs a personal representative appointed in the probate division.
Sunset's 2,300-institution asset discovery can help you find accounts before you choose a filing path, prepare the probate packet and decide what to ask the Miller County Clerk before you go to the courthouse in Texarkana, Arkansas.
Which court handles jurisdiction
Probate for Miller County is filed at the Miller County Courthouse in Texarkana, Arkansas, in the probate division of the Miller County Circuit Court. Miller County is in Arkansas's Eighth Judicial Circuit, South District, but the case is filed at the Miller County courthouse, not in Lafayette County.
Arkansas venue for probate of a will or administration is generally the county where the decedent resided at death, or, for a nonresident, the county tied to Arkansas property, death in Arkansas or a cause of action, as stated in A.C.A. § 28-40-102. The first properly started case controls statewide property, and a case filed in the wrong county can be transferred rather than started over.
Texarkana sits on the Arkansas and Texas state line. This page is only about Miller County, Arkansas, and the Arkansas court, forms, fees and statutes that apply there.
The jurisdiction process
- Gather the death certificate, the original will if there is one, a list of heirs and devisees, known debts, account information, vehicle titles and any Miller County or Arkansas real property details.
- Confirm venue under A.C.A. § 28-40-102 and check the Arkansas five years deadline. A will is not admitted and administration is not granted unless the application is made within five years after death, subject to the statute's exceptions (A.C.A. § 28-40-103).
- Choose the filing path. If 45 days have passed and the estate qualifies under the $100,000 rule, measured less encumbrances and excluding the homestead and statutory allowances, a distributee may use the affidavit for collection of small estate by distributee under A.C.A. §§ 28-41-101 and 28-39-101. Otherwise, prepare a full administration petition.
- Prepare the Arkansas Judiciary probate form that fits the case, such as a petition for probate of will and appointment of personal representative or a petition for appointment of administrator, and add the statewide probate cover sheet.
- File the packet with the Miller County Clerk, Suite 105, 400 Laurel Street, Texarkana, AR 71854. The opening fee is $165.00, 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. If payment is a hardship, ask the court about proceeding in forma pauperis under Rule 72.
- If the petition is opposed or a demand for notice is on file, the court must set a hearing. Otherwise, the court may decide whether a hearing is needed (A.C.A. § 28-40-110). Ask the Miller County Clerk for scheduling and appearance instructions if a hearing is set.
- After the court appoints the personal representative, 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).
- Promptly publish the notice of appointment. Claims must be presented within six months from the first publication or they are forever barred, and copies must be served on heirs, devisees and known creditors within one month after first publication as required by A.C.A. § 28-40-111.
- Administer and close the estate by collecting assets, handling creditor claims, paying valid expenses and taxes, filing any required inventory or accounting, distributing property and asking the court for final distribution and discharge.
Forms and documents
Probate forms in Miller County
The starting forms for a Miller County probate are the Arkansas Judiciary's Official Probate Forms and the statewide probate cover sheet. The form set includes petitions, 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. §§ 28-48-102 and 28-41-101.
File the probate packet with the Miller County Clerk in Suite 105 at the courthouse in Texarkana, Arkansas. The county clerk's pages identify that office as responsible for probate filing work in decedent estate cases. Before filing, call (870) 774-1501 to confirm copy count, current hours, mailing instructions and whether the clerk wants any local cover instruction with the statewide cover sheet.
Local nuance
Miller County-specific considerations
| Local point | What it means |
|---|---|
| Probate filing office | Use the Miller County Clerk in Suite 105 for probate filings. The circuit clerk in Suite 109 is a separate office for other circuit court divisions and land recording. |
| Texarkana, Arkansas | Do not use Texas-side court information, forms or statutes for a Miller County estate. The Arkansas courthouse address is 400 Laurel Street, Texarkana, AR 71854. |
| Single Miller County courthouse | Miller County is not one of Arkansas's dual-courthouse counties. The Eighth Judicial Circuit, South District, is a circuit label, not a second Miller County filing location. |
| Call before going | The county site posts general weekday hours, but the probate counter does not publish a separate filing cutoff. Call the Miller County Clerk at (870) 774-1501 before taking original documents to the courthouse. |
Recent updates
| Update | What changed |
|---|---|
| Statewide legal aid coverage changed on 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 may not take estate matters. |
| eFlex filing updates | The Arkansas Judiciary's eFlex portal at efile.arcourts.gov lists an Electronic Filing Rejection Policy effective December 9, 2025, and states that subscription-based payments end June 5, 2026. |
| Statewide case search | The Arkansas Judiciary directs users to Search ARCourts at caseinfo.arcourts.gov/opad for public circuit court case information. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Miller County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home in Texarkana, Arkansas | Start by identifying how the home is titled and what assets are solely in the decedent's name. If court authority is needed, file in the probate division through the Miller County Clerk. Homestead and statutory allowances matter to the small-estate calculation under A.C.A. §§ 28-41-101 and 28-39-101. | Sunset helps find accounts, organize title and debt information and prepare the estate settlement packet for the Miller County Clerk. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate fits A.C.A. § 28-41-101, the affidavit is filed with the Miller County Clerk and certified copies are used with banks or other holders. If letters are needed, use the full administration path and ask the clerk about any phone or video instructions for a hearing. | Sunset helps determine whether an affidavit or letters are needed, gathers account information and helps locate a Miller County probate attorney if needed. |
| Parent settling a predeceased child's estate when a home must be sold | The affidavit under A.C.A. § 28-41-101 can reach real property, but real property adds publication and creditor timing. A sale often requires letters from a full administration, issued after appointment under A.C.A. § 28-48-102. | Sunset helps collect asset details, prepare the court packet and coordinate attorney help for sale authority and closing documents. |
Self-help resources
| Resource | How it helps |
|---|---|
| Miller County Clerk | Local probate filing counter for Miller County. Call (870) 774-1501 or review https://millercountyar.gov/county-clerk/ and https://millercountyclerkar.com/services/ before filing. |
| Arkansas Judiciary Official Probate Forms | Statewide probate forms and the probate cover sheet used to start or administer a probate case. |
| Arkansas Law Help | Statewide public legal information, including small-estate materials tied to A.C.A. § 28-41-101. |
| Search ARCourts | Free statewide case information at caseinfo.arcourts.gov/opad. Document access varies by court. |
| Legal Aid of Arkansas | Statewide intake at 1-800-952-9243. It is income-restricted, and estate administration is not listed as a published priority, so call to check eligibility and scope. |
When to hire an attorney
A probate attorney is especially useful in Miller County when the estate includes real property, a contested will, creditor issues, a sale of a home, a nonresident personal representative, missing heirs or uncertainty about whether the affidavit route under A.C.A. § 28-41-101 is enough. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, benefits and assets that belong in the estate settlement plan.
Generate the probate packet. Sunset helps turn the family information, asset list and court requirements into an organized Miller County probate packet for review and filing with the Miller County Clerk.
Find a local probate attorney. When the estate needs legal advice, a court appearance or help selling real property, Sunset can connect the family with a vetted Arkansas probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement steps, organize documents and decide what to ask the clerk or attorney before filing.
Frequently asked questions
Where do I file probate in Miller County, Arkansas?
File probate papers with the Miller County Clerk in Suite 105 at 400 Laurel Street, Texarkana, AR 71854. The case is in the probate division of the Miller County Circuit Court.
Is Miller County probate filed with the county clerk or the circuit clerk?
Probate filings go to the Miller County Clerk, phone (870) 774-1501. The circuit clerk in Suite 109 is a separate office for other circuit court divisions and land recording.
How much does it cost to open a probate estate in Miller County?
The statewide opening fee is $165.00, current as of August 2026. It is 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. The small-estate affidavit fee is $25.00, current as of August 2026, plus $5.00 per certified copy under A.C.A. § 28-41-101.
Can I e-file a Miller County probate case?
Attorneys file through eFlex at efile.arcourts.gov. If you are filing for yourself, ask the Miller County Clerk whether that court will register you for electronic filing. If not, ask how to file in person or by mail.
What forms do I need for Miller County probate?
Start with the Arkansas Judiciary's Official Probate Forms and statewide probate cover sheet. For full administration, the forms include petitions for appointment and forms for letters testamentary or letters of administration under A.C.A. § 28-48-102. For an affidavit route, use the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101.
Will I have to attend a hearing in Miller County?
A hearing is required if the petition is opposed or a demand for notice is on file, and the court may set one in other cases (A.C.A. § 28-40-110). If a hearing is set, ask the Miller County Clerk for the judge's appearance instructions and check the Eighth Judicial Circuit Administrative Order No. 14 plan.
How do I look up a Miller County probate case?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides free statewide circuit court case information, but online document access varies by court.
Do I need to travel to Texarkana, Arkansas?
You may need to file original documents or attend a hearing if one is set. Before traveling, call the Miller County Clerk at (870) 774-1501 to ask about mail filing, copy requirements, current hours and any phone or video instructions for a scheduled hearing.
What deadline should I know before filing in Miller County?
Arkansas has a five years outer deadline for admission of a will or grant of administration, subject to statutory exceptions (A.C.A. § 28-40-103). After letters issue, creditor claims are tied to publication, and claims not presented within six months from first publication are forever barred 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.