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Polk County, AR Probate Information
Quick facts
| Item | Polk County details |
|---|---|
| Court | Polk County Circuit Court, probate division |
| Courthouse | Polk County Courthouse, 507 Church Avenue, Mena, AR 71953 |
| Probate filings go to | Call before filing. Polk County has not provided a current online instruction naming one probate filing counter. Start with the Polk County Clerk, 507 Church Avenue, Box 9, Mena, AR 71953, (479) 394-8123, and also note the Polk County Circuit Clerk, 507 Church Avenue, Mena, AR 71953, (479) 394-8100. |
| Mailing address | County Clerk: 507 Church Avenue, Box 9, Mena, AR 71953. Circuit Clerk: 507 Church Avenue, Mena, AR 71953. |
| Phone | County Clerk: (479) 394-8123. Circuit Clerk: (479) 394-8100. |
| Fax | Circuit Clerk: (479) 394-8170. Ask the clerk before using fax for probate filings. |
| Hours | Call before visiting to confirm current counter hours and any same-day filing cutoff. |
| 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 a small estate affidavit under A.C.A. § 28-41-101, plus $5.00 per certified copy under A.C.A. § 28-41-101. |
| Local forms | No Polk County probate form page was found. Use the Arkansas Judiciary's Official Probate Forms and the statewide probate cover sheet. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the clerk whether this court will register them for electronic filing and, if not, how to file in person or by mail. |
| Case search | Search ARCourts at https://caseinfo.arcourts.gov/opad provides free statewide case information. Document availability varies by court. |
| Remote appearance | Ask the clerk how the circuit judge wants any phone or video request made. Local hearing practice is set by the judge and the 18th West administrative plan. |
| Website | Use the Arkansas Judiciary probate forms page, Search ARCourts, and the clerk phone numbers above rather than relying on a general county listing. |
Before you begin — know the assets and liabilities
Before you file anything in Mena, make a practical inventory of what the person owned, what was jointly owned, what had a beneficiary, and what debts or liens may still exist. That first pass helps you decide whether the estate settlement needs full administration or whether an affidavit route might fit under Arkansas law.
Sunset's asset discovery searches more than 2,300 financial institutions, insurers, employers, and transfer agents so families can find accounts before they prepare the Polk County filing packet. That matters because a missing account can change the forms, notices, and timing for estate settlement.
Which court handles jurisdiction
Probate for Polk County is filed at the Polk County Courthouse in Mena, in the probate division of the Polk County Circuit Court. Polk County sits in Arkansas's Eighteenth Judicial Circuit, 18th West, but that circuit grouping does not send a Polk County estate to Montgomery County.
Arkansas venue is based first on the county where the decedent resided at death, then on the Arkansas county where the greater part in value of the decedent's Arkansas property is located, then on the county of death if the decedent had no Arkansas residence or property, and then on any county where a cause of action may be maintained by the personal representative if the decedent had no Arkansas residence or property and died outside Arkansas (A.C.A. § 28-40-102). The first legally commenced proceeding controls statewide property, and a proceeding filed in the wrong county can be transferred rather than started over (A.C.A. § 28-40-102).
The jurisdiction process
- Gather the death certificate, the original will if there is one, asset information, debt information, and the names and addresses of heirs, devisees, and known creditors.
- Check the Arkansas five-year filing limit before preparing the petition. A will is not admitted and administration is not granted unless the application is made within five years after death, subject to the statutory exceptions (A.C.A. § 28-40-103).
- Choose the local filing path. If 45 days have passed, no personal representative has been appointed, and the estate fits the Arkansas affidavit requirements, including the $100,000 cap measured less encumbrances and excluding the homestead and statutory allowances, use the small estate affidavit process under A.C.A. § 28-41-101. Otherwise, prepare a full administration filing.
- Prepare the Arkansas Judiciary probate forms that fit the case, such as the petition for probate of will and appointment of personal representative or the petition for appointment of an administrator. Add the statewide probate cover sheet.
- Call the Polk County Clerk at (479) 394-8123 and the Polk County Circuit Clerk at (479) 394-8100 before filing, because Polk County does not provide a current online probate instruction naming one counter. Ask which clerk will receive the decedent estate filing and whether the packet should be brought to 507 Church Avenue in Mena or mailed.
- Pay the filing fee. Current as of August 2026, opening a decedent's estate is $165.00, made up of $150.00 under A.C.A. § 21-6-403 and $15.00 under A.C.A. § 21-6-416. If the filer cannot afford the fee, ask the court about proceeding in forma pauperis under Rule 72, as referenced in A.C.A. § 21-6-403 and A.C.A. § 21-6-416.
- Handle hearing issues. A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise the court may set a hearing (A.C.A. § 28-40-110). Ask the clerk how the circuit judge handles phone or video requests.
- After the court appoints the personal representative, the clerk issues letters testamentary or letters of administration under the court's seal (A.C.A. § 28-48-102). Use certified letters when banks, title companies, or buyers ask for proof of authority.
- 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. Claims are barred six months after first publication under A.C.A. § 28-40-111.
- Administer and close the estate by collecting assets, preparing the inventory, reviewing claims, paying allowed debts and taxes, distributing property, filing required accounts or closing papers, and obtaining discharge from the court.
Forms and documents
Probate forms in Polk County
Use the Arkansas Judiciary's statewide Official Probate Forms for decedent estates and the statewide probate cover sheet. Polk County has not provided a current local probate form page, checklist, or cover-sheet instruction.
| Form or resource | How it applies in Polk County |
|---|---|
| Statewide probate cover sheet | Include it with an opening probate filing in the Polk County Circuit Court, probate division. |
| Petition forms | Use the Arkansas Judiciary form that matches the case, such as appointment of an administrator or probate of will and appointment of personal representative. |
| Letters forms | Letters testamentary and letters of administration are issued after appointment and qualification under A.C.A. § 28-48-102. |
| Small estate affidavit form | Use the statewide affidavit form when the Arkansas requirements are met, including 45 days after death and the $100,000 calculation rule in A.C.A. § 28-41-101. |
| Local Polk County forms | Call the clerk before filing. No separate Polk County probate form page was identified for public use. |
Local nuance
Polk County-specific considerations
| Local issue | What to do |
|---|---|
| One courthouse | Use the Polk County Courthouse at 507 Church Avenue in Mena for Polk County probate matters. Polk County is not one of the Arkansas counties with two local courthouse districts for probate venue under A.C.A. § 28-40-102. |
| Filing counter should be confirmed | Polk County has separate county clerk and circuit clerk phone lines at the same courthouse and does not provide a current online probate instruction naming one filing counter. Call the County Clerk at (479) 394-8123 and the Circuit Clerk at (479) 394-8100 before filing. |
| 18th West administrative plan | Local scheduling practice comes from the circuit judge and the 18th West administrative plan. The plan does not provide a public Polk County phone or video rule for probate hearings, so ask the clerk how to make any request. |
Recent updates
| Update | What changed |
|---|---|
| Legal aid coverage changed on January 1, 2026 | Legal Aid of Arkansas became the statewide civil legal-aid provider for all 75 Arkansas counties. Use its statewide intake, 1-800-952-9243, to check eligibility, without assuming it will take an estate administration matter. |
| eFlex filing policy update | The Arkansas Judiciary's electronic filing rejection policy took effect December 9, 2025, and eFlex subscription billing ends June 5, 2026. Attorneys use eFlex at efile.arcourts.gov, and self-represented filers should ask the Polk County clerk whether this court will register them. |
| Statewide case lookup transition | Arkansas public case lookup now points users to Search ARCourts at caseinfo.arcourts.gov for free case information, with document availability varying by court. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Polk County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First confirm how the home was titled and whether anything actually needs probate in Polk County. If probate is needed, file at the Mena courthouse after calling the clerk to confirm the right counter. The homestead and statutory allowances are part of the Arkansas small estate calculation rules under A.C.A. § 28-41-101 and A.C.A. § 28-39-101. | Sunset helps find accounts, organize title and beneficiary information, and build the estate settlement packet before you call or file. |
| 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 Mena, and certified copies can be used with banks or other holders. Ask the clerk how to file by mail and how to request any phone or video appearance if the court sets a hearing. | Sunset helps determine whether letters are needed, prepare the affidavit or petition packet, and connect you with local counsel if the clerk or a bank requires more authority. |
| Parent settling predeceased child's estate, home must be sold | A small estate affidavit under A.C.A. § 28-41-101 can include real property if the statute fits, but real property triggers publication within 30 days after filing and a creditor period stated in that statute. If a sale needs letters or court authority, full administration in the Polk County Circuit Court, probate division, may be the cleaner path. | Sunset helps locate assets and debts, coordinate documents for a real estate sale, and match the family with a vetted Arkansas probate attorney. |
Self-help resources
| Resource | How to use it |
|---|---|
| Arkansas Judiciary Official Probate Forms | Use the statewide forms for petitions, proof of will, acceptance of appointment, letters testamentary, letters of administration, inventory, accounting, and the small estate affidavit under A.C.A. § 28-41-101. |
| Statewide probate cover sheet | Add the probate cover sheet to an opening filing in the Polk County Circuit Court, probate division. |
| Arkansas Law Help | Use arlawhelp.org for public legal information and its small estate materials. Confirm the filing counter with the Polk County clerk before submitting an affidavit under A.C.A. § 28-41-101. |
| Search ARCourts | Use https://caseinfo.arcourts.gov/opad to search free statewide case information through Search ARCourts. Some court documents may not be viewable online. |
| Legal Aid of Arkansas | Call 1-800-952-9243 or apply through Legal Aid of Arkansas to check income eligibility and available services. Estate administration may fall outside its priorities. |
| Polk County clerks | Call the County Clerk at (479) 394-8123 and the Circuit Clerk at (479) 394-8100 before filing, because the county does not provide a current online probate instruction naming one counter. |
When to hire an attorney
A probate attorney is especially useful in Polk County when the filing counter is unclear, the will may be contested, real estate must be sold, creditor claims are expected, a nonresident will serve, or the family needs letters quickly for a bank or title company. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions so families can identify bank accounts, retirement accounts, insurance, employment benefits, and other property before choosing a probate path.
Generate the probate packet. Sunset organizes the information needed for the Arkansas probate forms, the statewide cover sheet, notices, and the Polk County filing packet so the estate settlement starts with fewer missing pieces.
Find a local probate attorney. When the estate needs legal strategy, a real estate sale, creditor handling, or court appearances, 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 tasks, find assets, and prepare for the Polk County process without paying Sunset a fee.
Frequently asked questions
Where do I file probate for Polk County, Arkansas?
File a Polk County estate at the Polk County Courthouse, 507 Church Avenue, Mena, AR 71953, in the probate division of the Polk County Circuit Court. Call the County Clerk at (479) 394-8123 and the Circuit Clerk at (479) 394-8100 before filing because Polk County does not provide a current online probate instruction naming one counter.
What is the probate filing fee in Polk County?
Current as of August 2026, opening a decedent's estate costs $165.00 statewide, 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, a small estate affidavit costs $25.00 under A.C.A. § 28-41-101, plus $5.00 per certified copy under A.C.A. § 28-41-101.
Does Polk County have local probate forms?
No separate Polk County probate form page is provided for public use. Use the Arkansas Judiciary's statewide Official Probate Forms and the statewide probate cover sheet, then call the clerk before filing.
Can I e-file a Polk County probate case?
Attorneys use eFlex at efile.arcourts.gov. If you are representing yourself, ask the Polk County clerk whether this court will register you for electronic filing and how to file in person or by mail if registration is not offered.
Can I look up a Polk County probate case online?
Yes. Search ARCourts at https://caseinfo.arcourts.gov/opad provides free statewide case information. The system may not show every public document for every court.
Will there be a hearing in my Polk County probate case?
A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise the court may set one (A.C.A. § 28-40-110). Ask the clerk how the 18th West circuit judge schedules Polk County probate matters.
Can I attend a Polk County probate hearing by phone or video?
Ask the clerk how to request phone or video participation. Local hearing practice is controlled by the circuit judge and the 18th West administrative plan, not by a Polk County web form.
Do I have to travel to Mena if I live out of state?
Start by calling the clerk before mailing documents or planning travel. Some filings may be handled by mail, attorneys use eFlex at efile.arcourts.gov, and any hearing participation request should be made in the way the circuit judge requires.
How long do creditors have in an Arkansas probate?
After letters are granted, the personal representative publishes notice. Claims are barred six months after the first publication under A.C.A. § 28-40-111, and copies must be served on heirs, devisees, and known creditors within one month after 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.