Overview
Boone County is located in Arkansas with a population of approximately 37,373. The Boone 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 (if there is a will) or a Petition for Appointment of Administrator (if there is no will). 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. 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.
Statutory fees for personal representatives and attorneys in Arkansas are generally based on the value of the personal property administered and the proceeds of real property sold, though the court has discretion to award reasonable compensation.
This guide provides an informational overview of the Boone 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
Boone County Circuit Court
Probate matters in Boone County are handled at the Boone County Courthouse.
Address: 100 North Main Street, Suite 203, Harrison, AR 72601
Phone: (870) 741-5560 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is responsible for maintaining probate records. When visiting, ensure you have all necessary documents and filing fees.
Parking and Access
Public parking is available around the courthouse square in downtown Harrison. Security screening is required for entry into the courthouse building.
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 and statutory allowances) and 45 days have passed since death, you may file an affidavit to collect assets without full probate.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or payable-on-death accounts) or held in joint tenancy bypass 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 Boone County Circuit Clerk. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
Electronic filing (e-filing) is available and encouraged in Arkansas circuit courts.
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 Boone County (such as the Harrison Daily Times) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If approved, the judge issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Publish a notice to creditors; the claim period is generally 6 months from the date of first publication.
- Inventory and appraise: File a true and perfect inventory of estate assets within 2 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting and petition for discharge to close the estate.
Local Requirements
Boone County-Specific Procedures
- E-filing: Boone County utilizes the eFlex system for electronic filing. Check with the Circuit Clerk for registration details.
- Local Rules: Always check with the Circuit Clerk for any specific local cover sheets or procedural preferences.
- Publication: Probate notices are typically published in the Harrison Daily Times.
Verify all fees and procedural steps with the Boone County Circuit Clerk's office before filing.
Timeline & Fees
Filing Fees (Boone County)
- Opening a Probate Estate: approximately $165.00
- Small Estate Affidavit: approximately $25.00 filing fee + $5.00 for certified copies
- Certified copies: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Claims: approximately $50.00
Payment Methods
The court typically accepts cash, checks, or money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Small Estate Affidavit: Can be settled relatively quickly after the 45-day waiting period.
- Simple estates: 6-9 months (minimum 6 months for creditor claims).
- Complex or contested estates: 12 months to several years.
The timeline is heavily influenced by the 6-month creditor claim period required by Arkansas law.
Local Resources
Boone County Court Resources
- Circuit Clerk Website: boonecountyar.com
- Arkansas Judiciary (Forms): arcourts.gov
- Case Search: caseinfo.arcourts.gov
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Legal Aid of Arkansas: (800) 952-9243 — arlegalaid.org
Publication
- Harrison Daily Times: (870) 741-2325 — harrisondaily.com