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Washington County, AR Probate Information
Quick facts
| Topic | Washington County details |
|---|---|
| Court | Washington County Circuit Court, probate division |
| Probate filings go to | Washington County Clerk's office, the clerk for the Circuit Court Probate Division, suite 300, phone (479) 444-1711. The Washington County Circuit Clerk is a separate office in suite 302 that handles other case types and land records. |
| Judicial circuit | Arkansas's Fourth Judicial Circuit, composed of Madison and Washington counties (A.C.A. § 16-13-1201). A Washington County estate is still filed at the Washington County Courthouse in Fayetteville. |
| Courthouse address | Washington County Courthouse, 280 N College Ave, Suite 300, Fayetteville, AR 72701 |
| Mailing address | The Washington County Clerk's office publishes the same street address and no separate post office box. Call (479) 444-1711 before mailing a filing. |
| Phone | (479) 444-1711 |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m., with county courthouse holidays closed. No separate midday closure or filing cutoff is posted, so call before arriving near closing time. |
| Filing fee | $165.00 to open a decedent's estate, current as reviewed in August 2026: $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 affidavit for collection of small estate by distributee is $25.00 under A.C.A. § 28-41-101, plus $5.00 per certified copy under A.C.A. § 28-41-101. |
| Local forms | Washington County does not add its own probate form. Use the Arkansas Judiciary's official probate forms and the statewide probate cover sheet, and ask the county clerk whether the cover sheet should accompany the petition. |
| E-filing | Attorneys file through eFlex at efile.arcourts.gov. A self-represented filer should ask the Washington County Clerk's office whether this court will register them for eFlex, and can otherwise file at the counter. |
| Case search | Search ARCourts at caseinfo.arcourts.gov/opad is the free statewide case search. Case information is statewide; document availability varies by court. |
| Remote appearance | Whether a hearing may be attended by phone or video is set by the circuit judge and the Fourth Judicial Circuit's administrative plan under Administrative Order No. 14. Ask the clerk's office when the matter is set. |
| Website | https://www.washingtoncountyar.gov/government/departments-a-e/county-clerk |
Before you begin — know the assets and liabilities
Before choosing a filing path in Fayetteville, get a clear picture of what the estate owns and owes. The decision between an affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 and a full administration is made before you reach suite 300, and it depends on valuation, liens, the homestead treatment, and statutory allowances under A.C.A. § 28-39-101. Sunset's asset discovery searches across more than 2,300 institutions so families can start estate settlement with a complete account list.
Liabilities matter just as much. In a full administration, the six-month claims bar runs from the first publication of the notice of appointment under A.C.A. § 28-40-111, not from the date of death. If a Washington County home must be sold, letters from the court often matter more than speed at the counter.
Which court handles jurisdiction
Probate for Washington County is filed with the Washington County Clerk's office, the probate clerk for the Washington County Circuit Court, at the Washington County Courthouse, 280 N College Avenue, Suite 300, Fayetteville, Arkansas 72701. Fayetteville is the courthouse city; other Washington County communities include Springdale, Johnson, Elm Springs, Tontitown, Goshen, Elkins, Farmington, Prairie Grove, Lincoln, West Fork, Greenland and Winslow.
Arkansas venue is governed by A.C.A. § 28-40-102. The case is filed in the county where the decedent lived at death; if the decedent did not live in Arkansas, the county with the greater part in value of the Arkansas property controls; if there was no Arkansas residence or property but the death occurred in Arkansas, the county of death controls; otherwise the filing may be in a county where the personal representative could maintain a cause of action. The first legally commenced proceeding controls, and a case started in the wrong county is transferred to the proper county rather than dismissed under A.C.A. § 28-40-102.
Washington County sits in Arkansas's Fourth Judicial Circuit with Madison County, but a circuit groups judges, not filing counters. A Washington County estate is opened in Fayetteville at Washington County's own courthouse.
The jurisdiction process
- Gather the death certificate and the original signed will, if there is one.
- Check the outer deadline. An application to admit a will to probate or to grant administration must be made within five years of death (A.C.A. § 28-40-103).
- Choose the filing route. If the estate qualifies for an affidavit for collection of small estate by distributee under A.C.A. § 28-41-101, the affidavit is filed with the probate clerk, which in Washington County means the county clerk's counter in suite 300. Otherwise, prepare a full administration.
- For the affidavit route, confirm that 45 days have passed and that the valuation fits A.C.A. § 28-41-101, including the statute's treatment of encumbrances, homestead value and statutory allowances under A.C.A. § 28-39-101.
- For full administration, prepare the petition using the Arkansas Judiciary's official probate form. Use Form 3 when there is a will and Form 2 when there is not.
- Add the statewide probate cover sheet, and ask the Washington County Clerk's office whether it wants the cover sheet filed with the petition.
- File at the Washington County Clerk's office, Washington County Courthouse, 280 N College Avenue, Suite 300, Fayetteville. Pay $165.00, current as reviewed in 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, or ask the court about proceeding in forma pauperis under Rule 72 of the Arkansas Rules of Civil Procedure.
- Use eFlex at efile.arcourts.gov if you are an attorney. If you are self-represented, ask the county clerk whether this court will register you for eFlex; otherwise, file at the counter.
- Handle notice and scheduling. The court must set a hearing if the petition is opposed or a demand for notice is on file, and may set one otherwise (A.C.A. § 28-40-110). Ask the clerk's office about phone or video attendance if a hearing is set.
- The circuit judge admits the will and appoints the personal representative. After appointment and qualification, 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 and serve copies on heirs, devisees and known creditors within one month after first publication (A.C.A. § 28-40-111). The publication charge is the newspaper's charge, not a court fee.
- File the inventory, then manage claims. Creditor claims are barred six months after first publication under A.C.A. § 28-40-111.
- Pay approved debts and taxes, file the accounting, distribute remaining property, and ask the court to discharge the personal representative.
Forms and documents
Probate forms in Washington County
Washington County does not add a county probate form of its own. A Washington County filer uses the Arkansas Judiciary's statewide probate forms and the statewide probate cover sheet, then files with the Washington County Clerk's office in suite 300.
| Form source | What to use in Washington County |
|---|---|
| Arkansas Judiciary official probate forms | The statewide set includes the petition for probate of will and appointment of personal representative, petition for appointment of administrator, acceptance of appointment, inventory, letters testamentary, letters of administration and affidavit for collection of small estate by distributee (A.C.A. § 28-41-101; A.C.A. § 28-48-102). |
| Statewide probate cover sheet | The Administrative Office of the Courts probate cover sheet is the cover sheet to ask about when opening a probate filing. Ask the Washington County Clerk's office whether it wants it with the petition. |
| Washington County local forms | The local forms posted by the circuit clerk are for that office's case types. They are not a Washington County probate packet. |
Local nuance
Washington County-specific considerations
- Washington County has two elected clerks in the same courthouse. The county clerk in suite 300 is the probate counter; the circuit clerk in suite 302 handles other case types and land records.
- The suite number matters. A reader sent to the circuit clerk is in the right building but at the wrong counter for a decedent's estate.
- Everything probate-related for a new filing starts at 280 N College Avenue in downtown Fayetteville. Washington County is not a two-courthouse Arkansas county.
- The circuit clerk's recording office does not record wills. A will for a probate case belongs with the county clerk's probate filing, not at the recording window.
- Older Washington County estate and will materials are handled through the Washington County Archives at 4 S College Avenue in Fayetteville. The Archives holds historic probate and will materials and is a better starting point for an estate opened decades ago.
- The county posts courthouse holiday closures. Check the holiday list before planning a counter visit.
Recent updates
| Change | What it means for Washington County families |
|---|---|
| Legal Aid of Arkansas became the statewide civil legal aid provider on January 1, 2026. | Washington County families use Legal Aid of Arkansas's statewide intake line, 1-800-952-9243. It is income-restricted and may not take estate administration matters. |
| The Arkansas Judiciary's eFlex Electronic Filing Rejection Policy took effect December 9, 2025. | Attorneys filing through eFlex at efile.arcourts.gov need to follow the portal's rejection and redaction rules. |
| Subscription-based payment in eFlex ends June 5, 2026. | The Arkansas Judiciary states that other payment methods remain available. |
| Search ARCourts is the public case search at caseinfo.arcourts.gov/opad. | Use Search ARCourts for statewide case information. Washington County's own court-records page points residents to that search. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Washington County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed to the Fayetteville home. If survivorship controls, the home may not need probate. If administration is still needed, file with the Washington County Clerk in suite 300 and plan for the $165.00 filing fee, current as reviewed in August 2026, under A.C.A. § 21-6-403 and A.C.A. § 21-6-416. | Sunset finds accounts, policies and debts before the family decides whether a full estate settlement is needed. |
| Out-of-state adult child with a small estate | Arkansas's affidavit for collection of small estate by distributee is filed with the court's probate clerk, not handed first to the bank (A.C.A. § 28-41-101). In Washington County, that means the county clerk in suite 300. The filing charge is $25.00, current as reviewed in August 2026, plus $5.00 per certified copy under A.C.A. § 28-41-101. If letters are needed, ask the clerk about any hearing and any phone or video option. | Sunset helps assemble the asset picture from out of state so the family can reduce unnecessary trips to Fayetteville. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit route can include real property under A.C.A. § 28-41-101, but a sale often requires letters. A full filing starts with the Washington County Clerk, the $165.00 fee under A.C.A. § 21-6-403 and A.C.A. § 21-6-416, and the creditor process under A.C.A. § 28-40-111. | Sunset organizes accounts, debts and property information so the attorney and personal representative can choose the practical path before listing the home. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Arkansas Judiciary official probate forms | Statewide probate forms for petitions, acceptance of appointment, letters, inventory and the affidavit for collection of small estate by distributee under A.C.A. § 28-41-101 and A.C.A. § 28-48-102. | https://arcourts.gov/forms-and-publications/court-forms/probate-division/forms |
| Statewide probate cover sheet | The Administrative Office of the Courts probate cover sheet for opening a probate filing. | https://arcourts.gov/sites/default/files/formatted-files/PR_cover_Nov_2023.pdf |
| Arkansas Law Help | Public legal information, including a small-estate packet that explains filing the affidavit with the probate clerk and the $25.00 filing charge plus $5.00 certified-copy charge under A.C.A. § 28-41-101, current as reviewed in August 2026. | https://www.arlawhelp.org/ |
| Search ARCourts | Free statewide case search at caseinfo.arcourts.gov/opad. Washington County's own court-records page routes residents there. | https://caseinfo.arcourts.gov/opad |
| Washington County Archives | Historic Washington County probate and will materials. 4 S College Ave, Fayetteville, (479) 444-1543, [email protected]. The Archives is open Wednesday, 9:00 a.m. to 3:00 p.m., with lunch closure from 12 to 1. | https://www.washingtoncountyar.gov/government/departments-a-e/archives/court-records |
| Legal Aid of Arkansas | Statewide civil legal aid intake at 1-800-952-9243. It is income-restricted, and estate administration may be outside its case priorities. | https://arlegalaid.org/ |
When to hire an attorney
Counsel makes sense in Washington County when real property has to be sold, heirs disagree, a will contest is likely, the personal representative lives out of state, or the accounting and six-month creditor process under A.C.A. § 28-40-111 need active management. Fayetteville has local probate counsel near the courthouse; the harder question is often whether the estate needs a lawyer at all. Sunset connects the family to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to identify accounts, policies and property clues that shape estate settlement in Washington County.
Generate the probate packet. Sunset organizes the information needed for the Arkansas Judiciary probate forms, the statewide cover sheet and the Washington County Clerk's filing counter in suite 300.
Find a local probate attorney. When a Fayetteville filing needs counsel, Sunset connects the family with a vetted attorney who handles Arkansas probate and can work with the court's local process.
Sunset is free for families. Families can use Sunset to understand the estate settlement workload, gather documents and decide the next step without paying Sunset.
Frequently asked questions
Where do I file a probate case in Washington County?
File with the Washington County Clerk's office in suite 300 of the Washington County Courthouse, 280 N College Avenue, Fayetteville, AR 72701.
Do I file with the circuit clerk or the county clerk in Washington County?
File with the county clerk. Washington County has two elected clerks, and the Washington County Clerk's office is the clerk for the Circuit Court Probate Division. The circuit clerk in suite 302 handles other case types and land records.
What does it cost to open an estate in Washington County?
The filing fee is $165.00, current as reviewed in 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. The affidavit for collection of small estate by distributee is $25.00 under A.C.A. § 28-41-101, plus $5.00 per certified copy under A.C.A. § 28-41-101. A waiver may be available under Rule 72 for a person allowed to proceed in forma pauperis.
When is the Washington County Clerk's office open?
The office is open Monday through Friday, 8:00 a.m. to 4:30 p.m., with county courthouse holidays closed. Call before arriving near closing time.
Do I have to e-file if I am handling the estate myself?
Attorneys file through eFlex at efile.arcourts.gov. If you are self-represented, ask the Washington County Clerk's office whether this court will register you for eFlex, and otherwise file at the counter.
Will there be a hearing on my Washington County probate petition?
A hearing is required if the petition is opposed or a demand for notice is on file. Otherwise, a hearing is up to the court (A.C.A. § 28-40-110).
Can I appear by phone or video instead of travelling to Fayetteville?
That is set by the circuit judge and the Fourth Judicial Circuit's administrative plan under Administrative Order No. 14. Ask the Washington County Clerk's office when your matter is set.
How do I look up a Washington County probate case?
Use Search ARCourts at caseinfo.arcourts.gov/opad. It is free and does not require a login for searching. Case information is statewide; whether case documents can be viewed depends on the court record.
Does Washington County have its own probate forms?
Washington County does not add its own probate form. Use the Arkansas Judiciary's official probate forms and the statewide probate cover sheet, then ask the county clerk whether the cover sheet should be filed with the petition.
Is there a deadline to open probate in Arkansas?
Yes. An application to admit a will to probate or to grant administration must be made within five years of death (A.C.A. § 28-40-103). Creditor claims are separately barred six months 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.