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Sebastian County, AR Probate Information
Quick facts
| Item | Sebastian County information |
|---|---|
| Court | Sebastian County Circuit Court, probate division |
| Probate filings go to | Sebastian County Circuit Clerk. The office states that it is the probate clerk and maintains the records for all probate proceedings. |
| Fort Smith District counter | Sebastian County Courts Building, 901 South B Street, Room 205, Fort Smith, AR 72901. Phone: 479-782-1046. Fax: 479-784-1580. |
| Greenwood District counter | Greenwood Courthouse, 301 E. Center, Room 103, Greenwood, AR 72936. Phone: 479-996-4175. Fax: 479-996-6885. |
| Probate desk | 479-441-1310, extension #2954 or #2956. |
| Mailing address | Circuit Clerk, Attn: Probate Division, PO Box 1179, Fort Smith, AR 72902. |
| Hours | Monday through Friday, 8 a.m. to 5 p.m., at both the Fort Smith and Greenwood counters. Call before a time-sensitive filing because no filing cutoff is published. |
| Filing fee | $165.00 to open a decedent's estate, current August 2026, 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 small estate affidavit is $25.00, current August 2026, under A.C.A. § 28-41-101, plus $5.00 per certified copy. |
| Local forms | The Arkansas Judiciary publishes official probate forms and the statewide probate cover sheet. Sebastian County also publishes separate small estate packets for the Fort Smith District and the Greenwood District. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov. The clerk's August 1, 2023 announcement says electronic filing applies in the probate division, but case-initiation documents that carry a fee and other fee-bearing documents must be filed conventionally. A self-represented filer should ask the clerk whether this court will register them. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is free and needs no login to search. Sebastian County also has public kiosks at the Fort Smith and Greenwood clerk locations. |
| Remote hearing questions | Ask the clerk or Court Administration at 479-783-1103. Whether a phone or video attendance request is allowed is set by the circuit judge and the Twelfth Judicial Circuit's administrative plan. |
| Website | sebastiancountyar.gov, Circuit Clerk Probate Information page |
Before you begin — know the assets and liabilities
Before you file in Sebastian County, make a complete list of the decedent's assets, debts, account titles, beneficiaries and real estate. That information decides whether the estate settlement can use the affidavit route or needs a full administration, and whether the family needs letters to sell or transfer property. Sunset's asset discovery searches more than 2,300 institutions so families can start with a clearer asset picture.
Also confirm where the decedent lived. In Sebastian County, that address determines whether the Fort Smith District or the Greenwood District takes the filing, and the clerk publishes separate small estate packets under A.C.A. § 28-41-101 for each district.
Which court handles jurisdiction
Probate for Sebastian County is filed with the Sebastian County Circuit Clerk in the probate division of the Sebastian County Circuit Court. The Twelfth Judicial Circuit is composed of Sebastian County alone, so no neighboring county courthouse is part of a Sebastian County estate filing.
Sebastian County has two local judicial districts, the Fort Smith District and the Greenwood District. Arkansas venue law sends a probate case to the county where the decedent resided at death, or to one of the other locations listed for nonresident and special cases (A.C.A. § 28-40-102). In a county with more than one district, the Probate Code treats the word county as district (A.C.A. § 28-1-102(a)(3)). That means a Sebastian County estate is filed in the district tied to the decedent's address.
The Fort Smith District counter is at 901 South B Street, Room 205, Fort Smith. The Greenwood District counter is at 301 E. Center, Room 103, Greenwood. Communities in Sebastian County include Fort Smith, Greenwood, Barling and Lavaca, but this page does not draw the district line. Call the probate desk at 479-441-1310, extension #2954 or #2956, before choosing a courthouse.
If competing proceedings are started, the first legally commenced proceeding controls and extends to the decedent's Arkansas property. A case filed in the wrong place is transferred rather than thrown out (A.C.A. § 28-40-102).
The jurisdiction process
- Gather the death certificate, the original will if there is one, and a list of assets, debts, beneficiaries and property titles.
- Call the Sebastian County Circuit Clerk's probate desk at 479-441-1310, extension #2954 or #2956, to confirm whether the Fort Smith District or the Greenwood District serves the decedent's address.
- Check the Arkansas outer limit. A will must be offered for probate and administration applied for within five years of death (A.C.A. § 28-40-103).
- Choose the filing path. The affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 can be used only after 45 days have passed and the estate fits the statutory value test, measured less encumbrances and excluding the homestead and statutory allowances under A.C.A. § 28-39-101. Otherwise, use full administration.
- Prepare the forms. For full administration, use the Arkansas Judiciary's official probate form for the situation and the statewide probate cover sheet. For the affidavit route, use Sebastian County's packet for the correct district, Fort Smith or Greenwood.
- File with the Sebastian County Circuit Clerk. Fort Smith District filings go to the Sebastian County Courts Building, 901 South B Street, Room 205. Greenwood District filings go to the Greenwood Courthouse, 301 E. Center, Room 103. A mailed affidavit packet can be sent to Circuit Clerk, Attn: Probate Division, PO Box 1179, Fort Smith, AR 72902, with a self-addressed stamped envelope.
- Pay the filing fee or ask about a Rule 72 fee waiver. Opening a decedent's estate is $165.00, current August 2026, made up of $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. A small estate affidavit is $25.00, current August 2026, under A.C.A. § 28-41-101, plus $5.00 for each certified copy.
- Follow the clerk's e-filing instructions. Sebastian County's August 1, 2023 announcement says electronic filing applies in the probate division, but case-initiation documents that carry a fee and other fee-bearing documents are filed conventionally. Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask whether this court will register them for any later filing.
- Handle notice and hearing issues. A hearing is required if the petition is opposed or a demand for notice has been filed, and otherwise is up to the court (A.C.A. § 28-40-110). Court Administration at 479-783-1103 schedules hearings and keeps the daily docket.
- After appointment, the circuit judge admits the will when applicable and appoints the personal representative. The clerk then issues letters testamentary or letters of administration under the court's seal (A.C.A. § 28-48-102).
- Publish the notice of appointment promptly after letters are granted and serve copies on known heirs, devisees and creditors within one month of first publication. Creditor claims are forever barred six months after first publication (A.C.A. § 28-40-111).
- File the inventory, pay valid debts, expenses and any taxes, then file the accounting, final distribution papers and discharge request. If estate real property is distributed or sold, record the deed with the Sebastian County Clerk as recorder after the probate authority is in place.
Executor duties
- Keep the case in the correct Sebastian County district after it is opened. Fort Smith District filings continue at the Fort Smith counter, and Greenwood District filings continue at the Greenwood counter.
- Expect fee-bearing papers to be filed conventionally under the clerk's August 1, 2023 e-filing announcement.
- Arrange publication when required and file the proof of publication with the clerk. The newspaper charge is separate from the court filing fee.
- Order certified copies of letters early. Certified copies are $5.00 each, current August 2026, under A.C.A. § 28-41-101 for small estate affidavits and the county's probate fee list for letters.
- Record any estate deed with the Sebastian County Clerk as recorder, not with the probate counter. The published recording charge is $15.00 for the first page and $5.00 for each additional page, current August 2026.
- Do not rely on the counter for instructions about what to write or what step to take next. The clerk files and maintains records, but legal strategy belongs with an attorney.
Forms and documents
Probate forms in Sebastian County
The Arkansas Judiciary publishes the official probate form set, including petitions, letters testamentary, letters of administration, inventory, accounting and the affidavit for collection of small estate by distributee. Sebastian County links those forms from the circuit clerk's resources page and uses the statewide probate cover sheet.
Sebastian County's local form layer is the important part: the circuit clerk publishes one small estate packet for the Fort Smith District and a separate small estate packet for the Greenwood District, each under A.C.A. § 28-41-101. The captions are district-specific. Confirm the district with the probate desk before filling in the packet.
For a full administration, Sebastian County does not publish a separate local petition. Use the Arkansas Judiciary's official probate form for the situation, add the probate cover sheet, and file with the circuit clerk in the correct district.
Fees
| Fee or charge | Amount | Notes |
|---|---|---|
| Open a decedent's estate | $165.00, current August 2026 | $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. Sebastian County's probate page prints the same amount. |
| Small estate affidavit | $25.00, current August 2026 | Filed with the probate clerk under A.C.A. § 28-41-101. |
| Certified copy for affidavit route | $5.00 each, current August 2026 | The clerk's instruction sheet says one certified copy makes the total $30.00, current August 2026, for that filing and copy under A.C.A. § 28-41-101. |
| Will for safekeeping | $5.00, current August 2026 | Published by the Sebastian County Circuit Clerk. |
| Recording an estate deed | $15.00 for the first page and $5.00 for each additional page, current August 2026 | Paid to the Sebastian County Clerk as recorder. This is a recording charge, not the probate filing fee. |
| Fee waiver | By court order | A court order under Rule 72 of the Arkansas Rules of Civil Procedure waives the filing fee for an indigent filer proceeding in forma pauperis (A.C.A. § 21-6-403; A.C.A. § 21-6-416). |
Local nuance
Sebastian County-specific considerations
Two districts, two courthouses. Sebastian County is one of Arkansas's ten counties with two local judicial districts. The Fort Smith District and the Greenwood District each have a staffed circuit clerk counter for probate filings. Under A.C.A. § 28-1-102(a)(3), the word county in the Probate Code means district in a county like this, so the venue rule in A.C.A. § 28-40-102 points to the district tied to the decedent's residence.
District-specific small estate packets. The circuit clerk publishes a separate small estate packet under A.C.A. § 28-41-101 for each district. Do not choose a packet based on convenience. Call the probate desk and confirm the correct district first.
The circuit clerk is the probate clerk here. Sebastian County has both a circuit clerk and a county clerk. For probate, the circuit clerk is the filing office. The county clerk records deeds and handles other county functions, but does not take probate filings.
Paper first filing for fee-bearing documents. The clerk's August 1, 2023 e-filing announcement says electronic filing applies in the probate division, but fee-bearing case-initiation documents and other fee-bearing papers are filed conventionally. That matters because the opening petition carries the $165.00 filing fee, current August 2026, under A.C.A. § 21-6-403 and A.C.A. § 21-6-416.
Older records may be at a third address. New Fort Smith District filings go to 901 South B Street, Room 205. Greenwood District filings go to 301 E. Center, Room 103. The clerk directs older closed files to the Records Office at the Parker Annex, 40 South 4th Street, Fort Smith, phone 479-784-1581.
Small-estate Alternatives
Sebastian County's local small estate detail is the district-specific packet. The circuit clerk publishes one packet captioned for the Fort Smith District and another captioned for the Greenwood District, both for the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101. Confirm the district before filling in the captioned packet.
The affidavit is filed with the Sebastian County Circuit Clerk as probate clerk. It is not handed straight to a bank. After filing, certified copies are what go to a bank, transfer agent or other holder of property.
The clerk's instruction sheet says the completed affidavit can be mailed with a check or money order to Circuit Clerk, Attn: Probate Division, PO Box 1179, Fort Smith, AR 72902, with a self-addressed stamped envelope. The filing fee is $25.00, current August 2026, under A.C.A. § 28-41-101, plus $5.00 per certified copy, so one certified copy makes the total $30.00, current August 2026.
If real property is included, the filer is responsible for arranging the required publication and filing proof of publication with the clerk. The statutory creditor period for that affidavit route is three months from first publication (A.C.A. § 28-41-101).
Recent updates
| Date | Update |
|---|---|
| August 1, 2023 | Sebastian County's clerk announced electronic filing in the probate division, while requiring case-initiation documents that carry a fee and other fee-bearing papers to be filed conventionally. |
| December 9, 2025 | The Arkansas Judiciary's Electronic Filing Rejection Policy took effect for eFlex filings under Administrative Order No. 21. |
| January 1, 2026 | Legal Aid of Arkansas became the statewide civil legal aid provider for all 75 Arkansas counties, including Sebastian County. |
| June 5, 2026 | Subscription billing in eFlex ends. The Arkansas Judiciary states that all other payment methods remain available. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Sebastian County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and account titles. Property with survivorship rights or a beneficiary may avoid an estate filing. If a filing is needed, call the circuit clerk's probate desk to confirm whether the Fort Smith District or Greenwood District applies. A full administration uses the Judiciary's petition and cover sheet with the $165.00 filing fee, current August 2026, under A.C.A. § 21-6-403 and A.C.A. § 21-6-416. If the affidavit route might fit, the homestead and statutory allowances under A.C.A. § 28-39-101 are excluded from the calculation under A.C.A. § 28-41-101. | Sunset searches more than 2,300 institutions to separate jointly owned assets, beneficiary assets and assets in the decedent's name alone before the family chooses an estate settlement path. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate fits A.C.A. § 28-41-101, ask the probate desk which Sebastian County district applies, then use that district's packet. The affidavit is filed with the circuit clerk, and certified copies go to the bank or transfer agent afterward. Filing is $25.00, current August 2026, plus $5.00 per certified copy under A.C.A. § 28-41-101, and the clerk's packet can be mailed with a check or money order and a self-addressed stamped envelope. | Sunset assembles the account inventory and probate packet from a distance, reducing repeat trips to Fort Smith or Greenwood during estate settlement. |
| Parent settling a predeceased child's estate, home must be sold | The Arkansas affidavit route can include real property under A.C.A. § 28-41-101, but publication is required and title companies often want letters for a sale. A full administration is filed in the correct Sebastian County district for $165.00, current August 2026, under A.C.A. § 21-6-403 and A.C.A. § 21-6-416. After appointment, the clerk issues letters under seal (A.C.A. § 28-48-102), and any deed is recorded with the Sebastian County Clerk as recorder. | Sunset helps find mortgages, utilities, insurance, liens and accounts tied to the property, then connects the family with a vetted local probate attorney. |
Self-help resources
| Resource | What it offers | Contact |
|---|---|---|
| Sebastian County Circuit Clerk, probate | Probate filing counter, fees, district-specific small estate packets under A.C.A. § 28-41-101, and link to Arkansas Judiciary probate forms. | Fort Smith: 479-782-1046. Greenwood: 479-996-4175. Probate desk: 479-441-1310, extension #2954 or #2956. |
| Arkansas Judiciary official probate forms | Official probate forms and the statewide probate cover sheet used for Arkansas circuit court probate filings. | arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Arkansas Law Help | Statewide public legal information, including small estate materials that describe filing an affidavit with the probate clerk under A.C.A. § 28-41-101. | arlawhelp.org |
| Search ARCourts | Free statewide case lookup at caseinfo.arcourts.gov/opad. Sebastian County also has public kiosks at the Fort Smith and Greenwood clerk locations. | caseinfo.arcourts.gov/opad |
| Legal Aid of Arkansas | Statewide civil legal aid provider for eligible Arkansans. Its published priorities do not list estate administration, so use it as an eligibility check rather than assuming probate representation. | 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, insurers and other asset sources so families can see what exists before choosing an estate settlement route in Sebastian County.
Generate the probate packet. Sunset helps organize the Arkansas Judiciary probate forms, the statewide probate cover sheet and, when the affidavit route fits, the Sebastian County small estate packet for the correct district under A.C.A. § 28-41-101.
Find a local probate attorney. If the estate involves a home sale, a contested filing, debt issues or uncertainty about the Fort Smith or Greenwood District, Sunset connects the family with a vetted local probate attorney.
Sunset is free for families. Sunset gives families a single place to organize estate settlement tasks, documents, accounts and next steps without charging families to get started.
Frequently asked questions
Where do I file probate in Sebastian County, Arkansas?
File with the Sebastian County Circuit Clerk, which is the probate clerk here. The Fort Smith District counter is at the Sebastian County Courts Building, 901 South B Street, Room 205, Fort Smith, AR 72901, phone 479-782-1046. The Greenwood District counter is at the Greenwood Courthouse, 301 E. Center, Room 103, Greenwood, AR 72936, phone 479-996-4175. You can also call the probate desk at 479-441-1310, extension #2954 or #2956.
Sebastian County has two courthouses. Which one takes my probate filing, Fort Smith or Greenwood?
It depends on the decedent's district. Sebastian County has the Fort Smith District and the Greenwood District. Under A.C.A. § 28-1-102(a)(3), county means district in a county with more than one district, and the venue rule in A.C.A. § 28-40-102 points to the place tied to the decedent's residence. Call the probate desk before filing. A case filed in the wrong place is transferred rather than dismissed (A.C.A. § 28-40-102).
Is the probate clerk in Sebastian County the circuit clerk or the county clerk?
The circuit clerk. Sebastian County has separate elected clerks, and the circuit clerk's office states that it is the probate clerk and maintains the records for all probate proceedings. The county clerk records deeds and handles other county functions, but does not take probate filings.
What does it cost to open a probate case in Sebastian County?
Opening a decedent's estate costs $165.00, current August 2026, 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 small estate affidavit costs $25.00, current August 2026, under A.C.A. § 28-41-101, plus $5.00 per certified copy. A court order under Rule 72 of the Arkansas Rules of Civil Procedure can waive filing fees for an indigent filer proceeding in forma pauperis.
Can I e-file a probate case in Sebastian County?
Sebastian County's clerk announced electronic filing in the probate division effective August 1, 2023, but the announcement excepts case-initiation documents that carry a fee and other fee-bearing documents. The opening petition carries the $165.00 filing fee, current August 2026, under A.C.A. § 21-6-403 and A.C.A. § 21-6-416, so that first filing is filed conventionally. Attorneys use eFlex at efile.arcourts.gov. A self-represented filer should ask the clerk whether this court will register them.
Does Sebastian County have its own probate forms?
For full administration, use the Arkansas Judiciary's official probate forms and the statewide probate cover sheet. For the small estate route under A.C.A. § 28-41-101, Sebastian County publishes two local packets, one captioned for the Fort Smith District and one for the Greenwood District. Confirm the district before choosing a packet.
Will there be a hearing on my Sebastian County probate petition?
A hearing is required if the petition is opposed or if a demand for notice has been filed. Otherwise, a hearing is up to the court (A.C.A. § 28-40-110). Sebastian County's Court Administration office at 479-783-1103 schedules hearings and keeps the daily docket, but no probate hearing days or waiting times are published.
Can I attend a Sebastian County probate hearing by phone or video?
Ask the clerk's office or Court Administration before planning around phone or video attendance. That question is set by the circuit judge and the Twelfth Judicial Circuit's administrative plan, not by a blanket statewide statement.
How do I look up a Sebastian County probate case online?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It is free and needs no login to search by party name or case number. The clerk suggests using a partial name search if a party may have used another name. Public kiosks are also available at the Fort Smith and Greenwood clerk locations.
Can I mail a small estate affidavit to the Sebastian County clerk instead of coming in?
Yes. The clerk's instruction sheet says the completed affidavit can be mailed with a check or money order to Circuit Clerk, Attn: Probate Division, PO Box 1179, Fort Smith, AR 72902, with a self-addressed stamped envelope. Every affiant signs before a notary first. Filing is $25.00, current August 2026, plus $5.00 per certified copy under A.C.A. § 28-41-101.
How long do I have to open probate in Sebastian County?
A will must be offered for probate and administration applied for within five years of death (A.C.A. § 28-40-103). Separately, after letters are granted and the notice of appointment is published, creditor claims are forever barred six months after the date of first publication (A.C.A. § 28-40-111). Those are different clocks.
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.