Arkansas Probate Information
Quick facts
| Statewide topic | Arkansas rule |
|---|---|
| Court | Probate is handled in the circuit court of the county, probate division. Amendment 80 took effect on July 1, 2001, and the circuit court has jurisdiction over the administration, settlement and distribution of estates of decedents and the probate of wills (Ark. Const. amend. 80, § 6; A.C.A. § 28-1-104). |
| Governing law | The Arkansas Probate Code, A.C.A. Title 28, governs decedent estates. Filing fees are in A.C.A. Title 21, Chapter 6, Subchapter 4. |
| Where to file | File with the probate clerk of the circuit court in the county of proper venue. Venue is usually the county where the decedent resided, with separate rules for nonresidents, Arkansas property and a decedent who died in Arkansas (A.C.A. § 28-40-102). |
| Who the probate clerk is | The circuit clerk is the probate clerk in some counties, and the county clerk may serve ex officio as clerk of the probate division in others (Ark. Const. art. 7, § 19; A.C.A. § 14-14-502). In eighteen counties one person holds both offices. Ask the county courthouse which counter takes probate filings. |
| Judicial circuits | Arkansas has 75 counties grouped into 28 judicial circuits. A circuit groups judges and administration; it does not merge filing counters. Each county keeps its own courthouse and filing counter. |
| Filing fee | $165.00 to open a decedent's estate: $150.00 under the uniform filing fee statute, reprinted by 2013 Act 282 approved March 6, 2013 (A.C.A. § 21-6-403), plus the $15.00 court technology fee created by 2009 Act 328 approved March 9, 2009 (A.C.A. § 21-6-416). The figures are current after the 2025 regular session. A Rule 72 in forma pauperis order can waive the filing fee and the technology fee. |
| Affidavit fee | $25.00 to file an affidavit for collection of small estate by distributee, plus $5.00 for each certified copy, with no added fee if a will is attached (A.C.A. § 28-41-101). The figure is current after the 2025 regular session. |
| Small-estate ceiling | $100,000 or less, measured less encumbrances and excluding the decedent's homestead and any statutory allowances, after 45 days have elapsed since death (A.C.A. § 28-41-101). The figure is current after the 2025 regular session. |
| Deadline to open | Application to admit a will to probate or to grant administration must be made within five years from the death, subject to the statute's narrow exceptions (A.C.A. § 28-40-103). |
| Creditor claims | In an administration, claims must be exhibited within six months from the date of the first publication of the notice of appointment, or they are forever barred (A.C.A. § 28-40-111). |
| Statewide forms | The Arkansas Judiciary publishes 33 free Official Probate Forms and a statewide probate cover sheet required under Administrative Order 8. |
| E-filing | Attorneys use eFlex at efile.arcourts.gov under Administrative Order No. 21. The portal says a litigant without a lawyer may register only in a particular court, so ask the clerk whether that court will register you; in-person or mail filing remains the fallback. |
| Case search | Search ARCourts at caseinfo.arcourts.gov is free and needs no login to search. Every circuit court reports case information there; documents are linked for some records only. |
| Remote appearance | Whether a probate matter can be heard by phone or video is set by the circuit judge and that circuit's administrative plan under Administrative Order No. 14. Ask the county clerk or circuit clerk that takes probate filings. |
| Estate and inheritance tax | Arkansas does not impose a state estate tax on the estate of anyone who died on or after January 1, 2005 (A.C.A. § 26-59-103), and Arkansas has no inheritance tax. |
Before you begin — know the assets and liabilities
Before choosing an Arkansas path, identify the assets, debts and title details. The value calculation under A.C.A. § 28-41-101 is unusually specific: it measures the estate less encumbrances and excludes the homestead and statutory allowances, so the same estate settlement may look too large until the Arkansas arithmetic is done correctly.
Use the 45-day waiting period for the affidavit route to gather records rather than simply wait. Sunset's 2,300-institution asset discovery helps families find accounts, policies and debts before they swear to a value, decide whether letters are needed, or start the notice clock that gives known creditors and heirs their statutory copies.
Which court handles probate
Arkansas probate is organized county by county. Every one of the 75 counties has a circuit court, and probate is handled in that court's probate division. The 75 counties are grouped into 28 judicial circuits for judges and administration, but a judicial circuit does not create a shared filing counter. You file in the county the Arkansas venue statute points to, at that county's own courthouse (A.C.A. § 28-40-102).
The venue rule has four branches. File where the decedent resided in Arkansas at death; if the decedent was not an Arkansas resident, file where the greater part in value of the Arkansas property is located; if the decedent had no Arkansas residence or property but died in Arkansas, file where the death occurred; and if the decedent had no Arkansas residence or property and died outside Arkansas, file where a cause of action may be maintained by the personal representative (A.C.A. § 28-40-102). The first legally commenced proceeding reaches all Arkansas property, and a proceeding filed in the wrong county can be transferred rather than dismissed (A.C.A. § 28-40-102).
Ten counties have two judicial districts and two courthouses: Arkansas, Carroll, Clay, Craighead, Franklin, Logan, Mississippi, Prairie, Sebastian and Yell. In those counties, the Probate Code's word "county" means "district" unless the context says otherwise, so the courthouse may depend on the decedent's district (A.C.A. § 28-1-102(a)(3); A.C.A. § 28-40-102). Ask the probate clerk which courthouse takes the filing before you travel.
The filing counter itself is also a county-level question. The circuit clerk is the default probate clerk, but a county clerk may serve ex officio as clerk of the probate division (Ark. Const. art. 7, § 19; A.C.A. § 14-14-502). In eighteen counties one elected official holds both offices: Baxter, Calhoun, Cleveland, Dallas, Fulton, Grant, Izard, Marion, Montgomery, Newton, Perry, Prairie, Pulaski, Scott, Searcy, Sharp, Stone and Yell.
The probate process
- Gather the death certificate, the original will if one exists, asset records, debt records, title information and the names and addresses of heirs, devisees and known creditors.
- Check the opening deadline. Application to admit a will to probate or to grant administration must be made within five years from death, subject to the exceptions stated in A.C.A. § 28-40-103.
- Work out whether the affidavit route fits. Under A.C.A. § 28-41-101, 45 days must have elapsed, no personal representative may be pending or appointed, and the estate must be $100,000 or less after encumbrances and after excluding the homestead and statutory allowances.
- If the affidavit route fits, complete Official Probate Form 23, file it with the probate clerk of the circuit court in the county of proper venue, pay $25.00 plus $5.00 per certified copy under A.C.A. § 28-41-101, and give certified copies to the bank, transfer agent or other holder. If the estate contains real property, publish notice within 30 days after filing and observe the three-month creditor window (A.C.A. § 28-41-101).
- If full administration is needed, prepare the petition using Official Probate Form 3 for a will and appointment of a personal representative, or Official Probate Form 2 for appointment of an administrator.
- Add the statewide probate cover sheet required under Administrative Order 8, along with the supporting forms the case needs, such as proof of will, acceptance of appointment and any process-agent form.
- File with the probate clerk of the circuit court at the county courthouse and pay $165.00, 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 a Rule 72 in forma pauperis order.
- Handle notice and any hearing. The court must set a hearing if the petition is opposed or a demand for notice is on file, and may set one in other cases (A.C.A. § 28-40-110). Ask the clerk how that circuit handles any phone or video appearance under its administrative plan.
- After the circuit court appoints the personal representative, the clerk issues letters testamentary or letters of administration under the seal of the court (A.C.A. § 28-48-102).
- Publish the notice of appointment promptly. Within one month after first publication, serve copies on known heirs, devisees, known creditors and the Department of Human Services within one month (A.C.A. § 28-40-111).
- File the inventory within two months after the personal representative qualifies, unless the written-waiver rule applies and the court finds no need for an inventory (A.C.A. § 28-49-110).
- Track claims. In an administration, claims not exhibited within six months from the first publication are forever barred (A.C.A. § 28-40-111).
- Pay allowed debts, administration expenses and any required taxes, then file the verified account, petition for final settlement, obtain the order of final distribution and the discharge of the personal representative (A.C.A. § 28-52-103; A.C.A. § 28-40-101).
Types of probate
| Path | When it fits | Real property | Court involvement | Key cost | Cite |
|---|---|---|---|---|---|
| Full administration in the probate division | Any estate that does not fit the affidavit route, or any estate where letters are needed to sell property, sue, or satisfy an institution. | Yes. | A petition is filed with the probate clerk of the circuit court in the county of proper venue. The circuit court appoints the personal representative, and the clerk issues letters testamentary or letters of administration under the court's seal. | $165.00 to open, 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. The figures are current after the 2025 regular session. | A.C.A. § 28-40-101; A.C.A. § 28-40-102; A.C.A. § 28-48-102; A.C.A. § 21-6-403; A.C.A. § 21-6-416 |
| Affidavit for collection of small estate by distributee | 45 days have passed, no personal representative is pending or appointed, and the estate is $100,000 or less after encumbrances and after excluding the homestead and statutory allowances. | Yes. The affidavit describes and values any real property, and real property triggers publication. | The distributee files the affidavit with the probate clerk of the circuit court in the county of proper venue. No court order or other proceeding is necessary. | $25.00 to file and $5.00 for each certified copy, with no added fee if a will is attached. The figures are current after the 2025 regular session. | A.C.A. § 28-41-101 |
| Probating a will without administration | The Arkansas Probate Code contemplates a will being probated without an administration of the estate. Ask an Arkansas probate attorney whether this fits a particular estate settlement. | The notice section does not set out a real-property rule. | The will is still probated by the court. When no personal representative is appointed, the proponents of the will publish the notice and give their mailing addresses and their attorney's address. | $165.00 to initiate the cause of action under A.C.A. § 21-6-403 and A.C.A. § 21-6-416, current after the 2025 regular session. | A.C.A. § 28-40-111(b); A.C.A. § 21-6-403; A.C.A. § 21-6-416 |
| Statutory allowances for a surviving spouse and minor children | Claimed within an estate proceeding, in addition to homestead, dower and curtesy rights. | No. The allowance is personal property, tangible or intangible. | The court awards the allowance on petition. The Judiciary publishes Form 16, Petition for Award of Statutory Allowances. | The allowance is requested within the estate proceeding; A.C.A. § 28-39-101 sets no separate filing charge. The amounts are $4,000 as against distributees, $2,000 as against creditors, and up to $1,000 for sustenance during the two months after death. | A.C.A. § 28-39-101 |
Executor duties
Executor duties in Arkansas
In Arkansas, the personal representative is the executor or administrator appointed by the circuit court. The duties below are statewide duties that affect how the estate settlement is administered after appointment.
| Duty | Arkansas rule | Cite |
|---|---|---|
| Accept appointment and obtain proof of authority | When bond, if any, is approved, or when the appointment does not call for bond and the personal representative files a written acceptance, the clerk issues letters under the seal of the court. The appointment order empowers the administrator; the letters prove the appointment to third parties. | A.C.A. § 28-48-102 |
| Publish notice of appointment | Promptly after letters are granted, publish notice stating the date of appointment, the personal representative's mailing address and the six-month claims deadline. | A.C.A. § 28-40-111 |
| Serve required copies | Within one month after the first publication, serve the notice on each known heir and devisee, each known or reasonably ascertainable unpaid creditor, and the Department of Human Services at Office of Chief Counsel, Decedent's Estates, P.O. Box 1437, Little Rock, AR 72203, when it may have rendered services to the decedent. | A.C.A. § 28-40-111 |
| Keep serving later-discovered creditors | If another creditor's name and address are later found, serve that creditor promptly. The burden of proving that a creditor was known or reasonably ascertainable is on the creditor claiming entitlement to actual notice. | A.C.A. § 28-40-111 |
| Inventory estate property | File a true and complete inventory within two months after qualification, with the personal representative's appraisement of fair market value at death and an affidavit that the inventory is complete and accurate, unless the written-waiver rule applies and the court finds no need for it. | A.C.A. § 28-49-110 |
| Address family allowances | Where a surviving spouse or minor children are entitled to statutory allowances, handle those rights in addition to homestead, dower and curtesy rights. | A.C.A. § 28-39-101 |
| Account to the court | File a verified account annually during administration unless the court directs otherwise, and file an account again with a petition for final settlement. | A.C.A. § 28-52-103 |
| Handle compensation carefully | A personal representative may fix the representative's fee and professionals' fees without prior court approval, but the court can review reasonableness on petition or on its own motion and can order excessive compensation refunded. | A.C.A. § 28-48-108 |
Forms and documents
Probate forms in Arkansas
The Arkansas Judiciary publishes a statewide probate form set at arcourts.gov/forms-and-publications/court-forms/probate-division/forms. The set includes 33 Official Probate Forms plus an introduction page. Forms 1 through 23 are the decedent-estate forms; Forms 24 through 33 are the guardianship forms.
| Form | Use |
|---|---|
| Form 1 | Demand for Notice of Proceedings for Probate of Will or Appointment of Personal Representative |
| Form 2 | Petition for Appointment of Administrator |
| Form 3 | Petition for Probate of Will and Appointment of Personal Representative |
| Form 4 | Proof of Will |
| Form 5 | Notice of Hearing on Petition |
| Form 6 | Bond of Personal Representative |
| Form 8 | Acceptance of Appointment as Personal Representative |
| Form 9 | Designation of Process Agent |
| Forms 10 and 11 | Letters of Administration and Letters Testamentary, issued under the seal of the court after appointment (A.C.A. § 28-48-102) |
| Forms 12 and 13 | Notice of Appointment |
| Form 14 | Notice to Surviving Spouse |
| Form 16 | Petition for Award of Statutory Allowances (A.C.A. § 28-39-101) |
| Form 17 | Inventory of Decedent's Estate |
| Form 18 | Affidavit to Claim Against Estate |
| Form 20 | Accounting by Personal Representative |
| Form 23 | Affidavit for Collection of Small Estate by Distributee (A.C.A. § 28-41-101) |
The statewide probate cover sheet is a separate required filing. The form is titled "Cover sheet, State of Arkansas Circuit Court: Probate," is dated 11/15/2023, and states that it is required under Administrative Order Number 8. It asks for the county, district, filing date, judge, division, case ID, type of case, estate caption, participant information and filing method.
A county may publish a local instruction sheet or local cover-sheet instructions. Those county-level instructions do not replace the statewide Official Probate Forms or the statewide probate cover sheet.
Fees
Arkansas has a uniform court filing fee for opening a decedent's estate. The cost is $165.00: $150.00 under A.C.A. § 21-6-403 plus the $15.00 court technology fee under A.C.A. § 21-6-416. The $150.00 line was reprinted by 2013 Act 282, approved March 6, 2013; the $15.00 technology fee was created by 2009 Act 328, approved March 9, 2009; and both figures are current after the 2025 regular session. A.C.A. § 21-6-403(f) says a county may not authorize, and a clerk may not collect, any filing fee not authorized by state law.
A fee waiver exists. When the court allows an indigent person to proceed in forma pauperis under Rule 72 of the Arkansas Rules of Civil Procedure, the filing fee under A.C.A. § 21-6-403 and the technology fee under A.C.A. § 21-6-416 are not charged.
| Probate fee item | Amount | Cite |
|---|---|---|
| Open a decedent's estate | $165.00, made up of $150.00 plus $15.00 | A.C.A. § 21-6-403; A.C.A. § 21-6-416 |
| Reopen a cause of action | $50.00 | A.C.A. § 21-6-403 |
| File affidavit for collection of small estate by distributee | $25.00 | A.C.A. § 28-41-101; A.C.A. § 21-6-413 |
| Certified copy of a small-estate affidavit | $5.00 each | A.C.A. § 28-41-101 |
| Certified copies of letters | $5.00 each | A.C.A. § 21-6-413 |
| File last will and testament for safekeeping | $5.00 | A.C.A. § 21-6-413 |
| File affidavit of claim against an estate | $5.00 | A.C.A. § 21-6-413 |
| Issue subpoena or summons | $5.00 | A.C.A. § 21-6-413 |
| File and record accounts and settlements | $50.00 | A.C.A. § 21-6-413 |
| File power of attorney | $10.00 | A.C.A. § 21-6-413 |
| Certify and seal document | $5.00 | A.C.A. § 21-6-413 |
| Authentication certificate | $5.00 | A.C.A. § 21-6-413 |
Publication charges are paid to the newspaper, not to the court. Bond premiums, recording charges and extra copy costs can also affect the total cost of estate settlement, but they are not the statewide filing fee.
Timeline
- Death occurs. Start collecting the death certificate, original will, asset records and creditor information.
- Within five years. Apply to admit a will to probate or to grant administration within five years from the death, subject to the exceptions in A.C.A. § 28-40-103.
- After 45 days. The affidavit for collection of small estate by distributee can be filed only after 45 days have elapsed since death and the other requirements of A.C.A. § 28-41-101 are met.
- Within 30 days after an affidavit with real property is filed. If the affidavit route includes real property, publish notice of the death and the filing of the affidavit within 30 days after filing (A.C.A. § 28-41-101).
- Three months from first publication in the affidavit route. Claims in that route must be exhibited within three months from the first publication or they are forever barred (A.C.A. § 28-41-101).
- Promptly after letters are granted. In a full administration, publish notice of appointment after letters are granted (A.C.A. § 28-40-111).
- Within one month after first publication. Serve copies of the notice on known heirs, devisees, known or reasonably ascertainable unpaid creditors and the Department of Human Services when required (A.C.A. § 28-40-111).
- Within two months after qualification. File the inventory unless the written-waiver rule applies and the court finds no need for it (A.C.A. § 28-49-110).
- Six months from first publication. In an administration, creditor claims are forever barred if not exhibited within six months from the date of first publication (A.C.A. § 28-40-111).
- Annually unless the court directs otherwise. File a verified account during administration and again with a petition for final settlement (A.C.A. § 28-52-103).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
- Probate is a division, not a separate tribunal. Amendment 80 took effect on July 1, 2001, and the Arkansas Judiciary states that circuit courts consist of five subject-matter divisions, including probate (Ark. Const. amend. 80, § 6; A.C.A. § 28-1-104).
- The probate clerk depends on the county. The circuit clerk is the default, but a county clerk may serve ex officio as clerk of the probate division (Ark. Const. art. 7, § 19; A.C.A. § 14-14-502). In eighteen counties one elected official holds both offices.
- Ten counties have two districts. Arkansas, Carroll, Clay, Craighead, Franklin, Logan, Mississippi, Prairie, Sebastian and Yell each have two judicial districts and two courthouses. In those counties, "county" means "district" for Probate Code purposes unless the context says otherwise (A.C.A. § 28-1-102(a)(3); A.C.A. § 28-40-102).
- The affidavit route is filed with the court and can reach real property. The affidavit for collection of small estate by distributee is filed with the probate clerk, not delivered directly to a bank, and real property triggers publication and a three-month creditor window (A.C.A. § 28-41-101).
- The filing fee is genuinely uniform. Opening a decedent's estate costs $165.00, made up of $150.00 under A.C.A. § 21-6-403 plus $15.00 under A.C.A. § 21-6-416, and A.C.A. § 21-6-403(f) bars counties from adding their own filing fee.
- Arkansas has percentage compensation schedules. A personal representative's compensation is what the court finds just and reasonable, capped at 10% of the first $1,000, 5% of the next $4,000 and 3% of the balance of personal property fully administered, with additional compensation possible for substantial duties involving real property (A.C.A. § 28-48-108). The attorney schedule is a default unless contracted around: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2 3/4% of the next $300,000, 2 1/2% of the next $600,000 and 2% above that, and the court adjusts the fee if the schedule is excessive or insufficient (A.C.A. § 28-48-108).
Small-estate alternatives
Arkansas's affidavit route is called the affidavit for collection of small estate by distributee. A distributee may use it when no petition for appointment of a personal representative is pending or granted, 45 days have elapsed since death, and the value of all property owned by the decedent does not exceed $100,000 after encumbrances and after excluding the homestead and statutory allowances (A.C.A. § 28-41-101). The figure is current after the 2025 regular session.
The affidavit is filed with the probate clerk of the circuit court in the county of proper venue. The clerk files it, assigns a number, indexes it and certifies copies. The certified copy is what goes to the bank, transfer agent or other holder. No court order or other proceeding is necessary (A.C.A. § 28-41-101).
The affidavit can include real property. If it does, the distributee must publish notice of the death and of the affidavit within 30 days after the affidavit is filed, and the notice gives creditors three months from first publication to exhibit claims or be forever barred (A.C.A. § 28-41-101). The filing charge is $25.00 plus $5.00 per certified copy, and no extra fee is charged if a will is attached (A.C.A. § 28-41-101).
A distributee may also open an Arkansas bank checking or savings account in the name of the estate without filing a petition for probate and administration or obtaining a court order (A.C.A. § 28-41-101(a)(2)).
Recent updates
| Change | Timing | Source |
|---|---|---|
| Legal Aid of Arkansas became the state's only free civil legal-services provider and now covers all 75 counties, after the state's other legal-services provider dissolved. | Effective January 1, 2026 | Legal Aid of Arkansas newsroom |
| The Administrative Office of the Courts adopted an Electronic Filing Rejection Policy for eFlex, as authorized by Administrative Order 21. | Effective December 9, 2025 | efile.arcourts.gov |
| Subscription-based payment in eFlex is being discontinued; all other payment methods remain available. | Effective June 5, 2026 | efile.arcourts.gov |
| The Arkansas Judiciary is retiring its older public case-search portal in favor of Search ARCourts at caseinfo.arcourts.gov, which carries case information from every circuit court. | Replacement portal is live | Arkansas Judiciary and Search ARCourts |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Arkansas path | Watch points | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with a co-owned home | Start with the deed and title. If survivorship keeps the home outside the estate, the remaining estate may fit the affidavit route under A.C.A. § 28-41-101. The homestead and statutory allowances are excluded from the $100,000 calculation (A.C.A. § 28-41-101; A.C.A. § 28-39-101). | Do not assume the mortgage balance or the home value ends the analysis. Arkansas measures the affidavit ceiling less encumbrances and excludes the homestead and statutory allowances. The spouse may also need to address the $4,000 or $2,000 personal-property allowance and the two-month sustenance allowance under A.C.A. § 28-39-101. | Sunset helps identify accounts, debts, policies and title details before the family chooses a path for estate settlement. |
| Out-of-state adult child with a small estate | If 45 days have passed and the estate is $100,000 or less after the Arkansas exclusions, use Official Probate Form 23 and file it with the probate clerk of the circuit court in the county of proper venue for $25.00 plus $5.00 per certified copy (A.C.A. § 28-41-101). | The affidavit goes to the court first. The bank or transfer agent receives a certified copy. If letters are needed instead, Form 9, Designation of Process Agent, exists, and the child should ask the clerk how any hearing would be handled. | Sunset can generate the affidavit or petition packet using Arkansas's forms and help connect the family to a vetted Arkansas probate attorney if letters are needed. |
| Parent settling a predeceased child's estate, home must be sold | The affidavit can reach real property, but a sale commonly requires letters, so full administration may be the practical path. Opening the case costs $165.00 under A.C.A. § 21-6-403 and A.C.A. § 21-6-416. | Real property in the affidavit route triggers publication within 30 days and a three-month creditor window (A.C.A. § 28-41-101). Full administration triggers the six-month creditor bar (A.C.A. § 28-40-111) and an inventory within two months after qualification (A.C.A. § 28-49-110). Attorney compensation is governed by the default schedule and court-review rule in A.C.A. § 28-48-108. | Sunset helps collect the asset picture, assemble the probate packet and find a local Arkansas probate attorney when a sale, title company or creditor issue makes counsel important. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Official Probate Forms, Arkansas Judiciary | Thirty-three free probate forms, including petitions, letters, inventory, accounting and the affidavit for collection of small estate by distributee. | Arkansas Judiciary probate forms |
| Statewide probate cover sheet | The probate cover sheet required under Administrative Order 8, dated 11/15/2023. | Probate cover sheet |
| Arkansas Law Help | Public legal information, including a small-estate packet that tracks A.C.A. § 28-41-101 and explains the $25.00 filing charge and $5.00 certified-copy charge. | Arkansas Law Help |
| Search ARCourts | Free statewide case search at caseinfo.arcourts.gov. Case information is statewide; documents are linked for some records only. | Search ARCourts |
| Arkansas Judiciary circuit clerks directory | Address, phone, fax and judicial circuit for the circuit clerk in each county. | Circuit clerks directory |
| Arkansas Judiciary county judge and county clerk directory | Address and phone for county clerks, including counties where the county clerk serves ex officio as clerk of the probate division under A.C.A. § 14-14-502. | County judge and county clerk directory |
| Circuit court administrative plans | The 28 circuits' administrative plans under Administrative Order No. 14, the place to check how a circuit organizes divisions and hearings. | Administrative plans |
| Legal Aid of Arkansas | The statewide free civil legal-services provider since January 1, 2026, with intake at 1-800-952-9243. It is income-restricted, and its published priorities do not include estate administration, so treat it as a place to check eligibility. | Legal Aid of Arkansas |
| eFlex | The Arkansas Judiciary e-filing portal at efile.arcourts.gov. Attorneys use it; a person without a lawyer should ask the clerk whether that particular court will register them. | eFlex |
When to hire an attorney
An Arkansas probate attorney is especially useful when real property must be sold, a title company wants letters, a petition is contested, a demand for notice is on file, the creditor picture is not clean, a nonresident personal representative is involved, or the estate is close to the affidavit ceiling after encumbrances, homestead and statutory allowances are applied. Counsel also matters because the attorney compensation schedule in A.C.A. § 28-48-108 is a default that can be contracted around and can be adjusted by the court. Sunset connects families to a vetted Arkansas probate attorney.
How Sunset helps in Arkansas
Find the accounts and assets. Sunset helps families identify bank accounts, insurance, investment accounts, debts and other assets before they choose an Arkansas path. That matters because A.C.A. § 28-41-101 uses a specific value calculation for the affidavit route, and an accurate estate settlement starts with a complete asset picture.
Generate the probate packet. Sunset can assemble the Arkansas probate packet around the Judiciary's Official Probate Forms and statewide probate cover sheet, then organize the filing for the correct county probate counter.
Find a local probate attorney. Arkansas counties do not all route probate filings to the same clerk title, and real property sales often need letters. Sunset helps families find a vetted Arkansas probate attorney when local practice, a sale or a disputed issue calls for counsel.
Sunset is free for families. Sunset's estate settlement tools are free for families, including asset discovery, form organization and attorney matching.
Frequently asked questions
Where do you file probate in Arkansas?
File in the probate division of the circuit court of the county the venue rule points to (A.C.A. § 28-40-102). Every county has its own courthouse and filing counter, even though counties are grouped into 28 judicial circuits for judges and administration.
Does Arkansas have a separate probate tribunal?
No. Amendment 80 took effect on July 1, 2001, and probate is now one of the circuit court's subject-matter divisions. The circuit court has jurisdiction over estate administration, settlement and distribution, and the probate of wills (Ark. Const. amend. 80, § 6; A.C.A. § 28-1-104).
Who takes a probate filing in Arkansas, the circuit clerk or the county clerk?
It depends on the county, and both answers are real. The circuit clerk is the default, and a county clerk may serve ex officio as clerk of the probate division (Ark. Const. art. 7, § 19; A.C.A. § 14-14-502). In eighteen counties one person holds both offices. Ask the courthouse which counter takes probate filings.
How much does it cost to open probate in Arkansas?
$165.00 in every county: 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. A.C.A. § 21-6-403(f) bars a county from adding a filing fee not authorized by state law, and a Rule 72 in forma pauperis order can waive the filing fee and technology fee.
What is the Arkansas affidavit ceiling?
The affidavit for collection of small estate by distributee is available at $100,000 or less, measured less encumbrances and excluding the decedent's homestead and any statutory allowances, once 45 days have elapsed since death (A.C.A. § 28-41-101). The affidavit costs $25.00 to file plus $5.00 per certified copy (A.C.A. § 28-41-101).
Can an Arkansas affidavit transfer a house?
Yes, the affidavit can reach real property. The affidavit describes and values any real property, but real property triggers publication within 30 days after filing and a three-month creditor window (A.C.A. § 28-41-101). A sale may still require letters.
How long do you have to open probate in Arkansas?
Five years from the death to apply for admission of a will to probate or for a grant of administration, subject to the exceptions for a fraudulently concealed will and for a nonresident's will already probated elsewhere as it affects Arkansas real property (A.C.A. § 28-40-103).
How long do creditors have to file a claim in Arkansas?
In an administration, creditors have six months from the first publication of the notice of appointment, after which claims are forever barred (A.C.A. § 28-40-111). Copies of the notice must also be served within one month after first publication on known heirs, devisees and known or reasonably ascertainable unpaid creditors (A.C.A. § 28-40-111).
Can you file probate electronically in Arkansas?
Attorneys use eFlex at efile.arcourts.gov under Administrative Order No. 21. The portal says a litigant without a lawyer may register in a particular court, so ask the clerk in your county whether that court will register you; in-person or mail filing is the fallback.
What is the personal representative paid in Arkansas?
The court allows what it finds just and reasonable, capped at 10% of the first $1,000, 5% of the next $4,000 and 3% of the balance of personal property passing through the personal representative's hands, allowed only on property fully administered. The court may allow additional compensation for substantial duties involving real property (A.C.A. § 28-48-108). The attorney schedule is a default unless contracted around: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2 3/4% of the next $300,000, 2 1/2% of the next $600,000 and 2% above that, subject to court adjustment if excessive or insufficient (A.C.A. § 28-48-108).
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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.