Overview
Benton County is located in Arkansas with a population of approximately 321,566. The Benton County Circuit Court (Probate Division) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Arkansas probate is governed by Title 28 of the Arkansas Code. The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Arkansas offers a simplified procedure for small estates known as the Affidavit for Collection of Small Estate by Distributee. This process is available if the value of the estate (excluding the homestead and statutory allowances) does not exceed $100,000 and at least 45 days have passed since the death.
Arkansas does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" and are subject to court approval.
This guide provides an informational overview of the Benton County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Benton County Circuit Court
Probate matters in Benton County are handled at the Benton County Courthouse.
Address: 102 NE A Street, Bentonville, AR 72712
Phone: 479-271-1015 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Circuit Clerk's office. Filings are generally accepted in person or electronically via the state's eFlex system.
Parking and Access
Public parking is available around the courthouse square and in designated lots near the administration building. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (excluding homestead/allowances) and 45 days have passed since death, you may file an affidavit to collect assets without full administration.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy with rights of survivorship pass outside probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Benton County Circuit Court. Include:
- Petition for Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
E-filing is mandatory for attorneys and available for self-represented litigants via the Arkansas Judiciary's eFlex system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Benton County (such as the Northwest Arkansas Democrat-Gazette) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. If the petition is uncontested and all documents are in order, the judge may sign the order without a formal hearing in some cases. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months from the date of the first publication of notice to file claims)
- Inventory and appraise all estate assets within 2 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Benton County-Specific Procedures
- E-filing: Benton County utilizes the Arkansas eFlex system. Attorneys are generally required to e-file.
- Bond requirements: A bond is typically required unless waived by the will or by all distributees.
- Local court rules: The 19th Judicial Circuit (West) may have specific administrative orders regarding case assignment and scheduling.
- Publication: Notice must be published in a newspaper of general circulation in Benton County, such as the Northwest Arkansas Democrat-Gazette or The Daily Record.
Always check with the Circuit Clerk's office for the most current local administrative orders.
Timeline & Fees
Filing Fees (Benton County)
- Opening a Probate Estate: approximately $165.00
- Small Estate Affidavit: $25.00 filing fee
- Certified copies of Letters: $5.00 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Claims against estate: $10.00
Fees are subject to change. Check with the Circuit Clerk for the exact current schedule.
Payment Methods
The court accepts cash, credit/debit cards (with a processing fee), and checks.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Arkansas is 6 months from the date of first publication, which sets a minimum duration for formal administration.
Local Resources
Benton County Court Resources
- Court Website: bentoncountyar.gov
- Arkansas Probate Forms: Arkansas Judiciary Forms
Legal Aid and Attorney Referrals
- Benton County Bar Association: Local attorney listings
- Legal Aid of Arkansas: 1-800-952-9243 — arlegalaid.org
- Arkansas Bar Association: arkbar.com
Publication
- Northwest Arkansas Democrat-Gazette: 479-657-6300 — nwaonline.com
- The Daily Record: 501-374-5103 — dailyrecord.us