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Montgomery County, AR Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Montgomery County Circuit Court, probate division |
| Probate filings go to | Montgomery County Circuit/County Clerk, 105 Highway 270 East #10, Mount Ida, AR 71957 |
| Mailing address | Call (870) 867-3521 before mailing probate filings to confirm the current mailing instructions. |
| Phone | (870) 867-3521 |
| Fax | (870) 867-2177 |
| Hours | Call the clerk before traveling, because current public counter hours were not listed in the Montgomery County clerk listings used for this page. |
| Filing fee | $165.00 to open a decedent's estate, made up of the $150.00 filing amount under A.C.A. § 21-6-403, reprinted effective March 6, 2013, plus the $15.00 court technology fee under A.C.A. § 21-6-416, effective March 9, 2009. A small estate affidavit filing is $25.00, with $5.00 per certified copy, both current under A.C.A. § 28-41-101 as of August 2026. |
| Local forms | Use the Arkansas Judiciary's statewide Official Probate Forms and probate cover sheet. Ask the Montgomery County Circuit/County Clerk whether a local instruction sheet is being used at the Mount Ida counter. |
| E-filing | Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the clerk whether this court will register them and can otherwise file in person or by mail. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad provides statewide circuit court case information. Document availability depends on the court. |
| Remote appearance | Ask the clerk before any hearing. Phone or video practice depends on the circuit judge and the Eighteenth West Judicial Circuit administrative plan. |
| Public listing | Association of Arkansas Counties Montgomery County listing, www.arcounties.org/counties/montgomery/ |
Before you begin — know the assets and liabilities
Before you file anything in Mount Ida, make a working list of the assets, debts, beneficiary designations, real estate title, and any accounts that may pass outside probate. That first inventory determines whether Montgomery County estate settlement needs full administration or a smaller affidavit route under A.C.A. § 28-41-101.
Sunset can search more than 2,300 financial institutions for accounts and policy leads, then help organize the estate settlement packet so you know what to take to the Montgomery County Circuit/County Clerk.
Which court handles jurisdiction
Probate for Montgomery County is filed at the Montgomery County Courthouse in Mount Ida, with the probate division of the Montgomery County Circuit Court. Montgomery County is in Arkansas's Eighteenth West Judicial Circuit, but the probate filing is still made at the Montgomery County clerk counter, not in another county.
Arkansas venue for probate and administration is governed by A.C.A. § 28-40-102. The usual filing county is where the decedent resided at death; if the decedent did not reside in Arkansas, the statute looks to where the greater part in value of the Arkansas property is located, where the decedent died if there was no Arkansas residence or property, or another county where a cause of action may be maintained by the personal representative. If more than one county starts a proceeding, the first legally commenced case controls until the circuit court decides venue, and a case filed in the wrong county can be transferred.
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, known creditors, and anyone nominated to serve as personal representative.
- Check the Arkansas five years filing limit before starting. A will is not admitted to probate and administration is not granted unless application is made within five years from 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 is $100,000 or under after encumbrances, excluding the homestead and statutory allowances, the affidavit route may fit under A.C.A. § 28-41-101 and A.C.A. § 28-39-101. Otherwise, prepare a petition for full administration.
- Use the Arkansas Judiciary's Official Probate Forms. For a will and nominated executor, start with the petition for probate of will and appointment of personal representative. For no will, start with the petition for appointment of administrator. Add the statewide probate cover sheet.
- File the packet with the Montgomery County Circuit/County Clerk at 105 Highway 270 East #10 in Mount Ida. Pay $165.00 to open the estate, made up of $150.00 under A.C.A. § 21-6-403, reprinted effective March 6, 2013, plus $15.00 under A.C.A. § 21-6-416, effective March 9, 2009, or ask the court about proceeding in forma pauperis under Rule 72.
- If a small estate affidavit is used, file it with the probate clerk of the circuit court, not directly with a bank. The filing charge is $25.00 and certified copies are $5.00 each, both current under A.C.A. § 28-41-101 as of August 2026.
- Watch for notice and hearing requirements. A hearing is required if the petition is opposed or if a demand for notice has been filed, and otherwise the court decides whether to set one under 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 required copies, and include known creditors and the Department of Human Services when required. Claims are barred six months from first publication if not properly presented (A.C.A. § 28-40-111).
- Administer the estate by collecting assets, preparing the inventory, addressing claims, paying valid debts and taxes, distributing property under the will or Arkansas law, and seeking final discharge from the court.
Forms and documents
Probate forms in Montgomery County
Start with the Arkansas Judiciary's statewide Official Probate Forms and the statewide probate cover sheet. The statewide form set includes petitions, proof of will, bond, acceptance, designation of process agent, letters testamentary, letters of administration, notices, inventory, accounting, claim forms, and the Affidavit for Collection of Small Estate by Distributee.
For Montgomery County, the public clerk listings point to the Montgomery County Circuit/County Clerk rather than a separate county probate packet. Before filing, call (870) 867-3521 to ask whether the Mount Ida counter is currently requiring any local instruction sheet, extra copies, or a particular payment method.
Local nuance
Montgomery County-specific considerations
| Local point | What it means for filing |
|---|---|
| Combined clerk | Montgomery County uses a Montgomery County Circuit/County Clerk, so the same clerk counter is the local contact for probate filings in the circuit court's probate division. |
| Mount Ida filing counter | The courthouse address for probate filings is 105 Highway 270 East #10, Mount Ida, AR 71957. |
| Public website posture | No separate county-run clerk website was located for Montgomery County. Use the public Montgomery County listing and call the clerk for current hours, mailing instructions, and any local filing directions. |
| Judicial circuit | Montgomery County is in the Eighteenth West Judicial Circuit with Polk County, but a Montgomery County estate is filed at the Montgomery County courthouse in Mount Ida. |
Recent updates
| Update | What changed |
|---|---|
| Legal aid coverage changed on January 1, 2026 | Legal Aid of Arkansas became the sole Legal Services Corporation funded civil legal aid organization serving all 75 Arkansas counties. Families should still check eligibility and case priorities before assuming help is available for an estate matter. |
| eFlex rejection policy | The Arkansas Judiciary eFlex Electronic Filing Rejection Policy took effect December 9, 2025. |
| eFlex payment change | Subscription-based payments in eFlex ended June 5, 2026. Other payment methods remain available through efile.arcourts.gov. |
| Case lookup | Search ARCourts at caseinfo.arcourts.gov/opad is the statewide public case information portal for circuit court case information. |
Scenarios
| Scenario | Likely path in Montgomery County | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Confirm how title is held, identify any nonprobate transfers, and list remaining probate assets before filing in Mount Ida. If the estate may fit the small estate affidavit route, check the $100,000 calculation under A.C.A. § 28-41-101, remembering that the homestead and statutory allowances are treated under A.C.A. § 28-39-101. | Sunset helps locate accounts, organize title and debt information, and prepare questions for the Montgomery County Circuit/County Clerk or a probate attorney. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate qualifies under A.C.A. § 28-41-101, the affidavit is filed with the probate clerk of the circuit court in Mount Ida and certified copies are used with banks and other holders. If letters are needed, ask about the designation of process agent form and how any hearing will be handled. | Sunset helps assemble the asset list, generate a probate packet, and connect the family with local counsel if travel or signatures become difficult. |
| Parent settling predeceased child's estate, home must be sold | A small estate affidavit can include real property under A.C.A. § 28-41-101, but real property adds publication and creditor timing. A sale often requires letters from a full administration, so the parent should ask counsel which filing fits before listing the home. | Sunset helps identify accounts, policies, debts, and real estate information so the attorney can decide the cleanest estate settlement path. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montgomery County Circuit/County Clerk | Local filing counter for probate division filings, certified copies, filing questions, hours, mailing instructions, and local payment directions. | 105 Highway 270 East #10, Mount Ida, AR 71957, (870) 867-3521 |
| Arkansas Judiciary Official Probate Forms | Statewide probate forms and the statewide probate cover sheet used to prepare the filing packet. | arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Arkansas Law Help | Public legal information, including a small estate packet that tracks A.C.A. § 28-41-101. | arlawhelp.org |
| Search ARCourts | Statewide circuit court case information search. Some public case documents may be linked, but document access depends on the court. | caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Statewide income-restricted civil legal aid intake. Estate administration is not promised, so ask about eligibility and current priorities. | 1-800-952-9243, arlegalaid.org |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps surface bank accounts, investment accounts, insurance leads, and other assets that can change the estate settlement plan before you file in Montgomery County.
Generate the probate packet. Sunset helps turn the asset list, family information, and court requirements into an organized packet using the Arkansas probate forms and the Montgomery County filing details.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect the family with a vetted Arkansas probate attorney familiar with circuit court probate practice.
Sunset is free for families. Families can use Sunset to organize the estate settlement, find assets, and understand next steps without paying Sunset for those services.
Frequently asked questions
Where do I file probate in Montgomery County, Arkansas?
File with the Montgomery County Circuit/County Clerk at 105 Highway 270 East #10 in Mount Ida. The case is in the probate division of the Montgomery County Circuit Court.
What is the filing fee to open an estate in Montgomery County?
The filing amount is $165.00, made up of $150.00 under A.C.A. § 21-6-403, reprinted effective March 6, 2013, plus $15.00 under A.C.A. § 21-6-416, effective March 9, 2009. A small estate affidavit filing is $25.00 and certified copies are $5.00 each, both current under A.C.A. § 28-41-101 as of August 2026.
Does Montgomery County have its own probate forms?
Use the Arkansas Judiciary's statewide probate forms and probate cover sheet. Before filing, call the Montgomery County Circuit/County Clerk at (870) 867-3521 to ask whether the Mount Ida counter is using any local instruction sheet.
Can I e-file a Montgomery County probate case?
Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the Montgomery County Circuit/County Clerk whether this court will register them and can otherwise file in person or by mail.
How do I look up a Montgomery County probate case?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It provides statewide circuit court case information; whether public documents appear online depends on the court.
Will there be a hearing in Montgomery County probate?
A hearing is required if the petition is opposed or if a demand for notice has been filed, and otherwise the court decides whether to set one under A.C.A. § 28-40-110. Ask the clerk how the Eighteenth West Judicial Circuit is setting the matter.
How do I ask about attending by phone or video?
Call the Montgomery County Circuit/County Clerk before the hearing. Phone or video practice depends on the circuit judge and the Eighteenth West Judicial Circuit administrative plan.
Do I have to travel to Mount Ida to start estate settlement?
Call the clerk first. Attorneys use eFlex at efile.arcourts.gov, and self-represented filers should ask whether in-person filing, mail filing, or court registration for electronic filing is the right path for their case.
What deadline should I know before opening probate?
Arkansas generally requires application for admission of a will to probate or for administration within five years from death, subject to the statute's exceptions (A.C.A. § 28-40-103). Creditor claims after appointment are tied to publication and are 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.