Overview
Clark County is located in Arkansas with a population of approximately 21,000. The Clark 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 (Ark. Code Ann. § 28-1-101 et seq.). 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 valued at $100,000 or less (excluding the homestead and statutory allowances). This process involves filing an Affidavit for Collection of Small Estate rather than a full probate petition.
Arkansas law sets statutory compensation for personal representatives and attorneys based on the value of the personal property administered, though the court has discretion to award additional compensation for extraordinary services.
This guide provides an informational overview of the Clark 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
Clark County Circuit Court
Probate matters in Clark County are handled at the Clark County Courthouse.
Address: 401 Clay Street, Arkadelphia, AR 71923
Phone: (870) 246-4281 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office is located on the second floor of the courthouse. The court handles probate, guardianship, and civil matters.
Parking and Access
Free street parking is generally available around the courthouse square and on adjacent streets. There are no large public parking garages, so plan for street-level parking. The building is accessible, with an elevator available for reaching the upper floors.
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 no personal representative has been appointed, you may file an Affidavit for Collection of Small Estate after 45 days have passed since the death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass directly to the surviving owner.
- 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 of Will and Appointment of Personal Representative with the Clark County Circuit Court. Include:
- The original Petition
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165.00)
- Proposed Order and Letters
E-filing is available and encouraged in Arkansas circuit courts through the eFlex system.
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice of the hearing (if required) and appointment to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Clark County (such as the Southern Standard) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if there are contests or irregularities. For uncontested matters, the judge may sign the Order admitting the will and appointing the representative without a formal hearing, upon review of the documents.
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 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
Clark County-Specific Procedures
- E-filing: Arkansas utilizes the eFlex electronic filing system. Check with the Circuit Clerk for specific registration requirements.
- Bond requirements: A bond is typically required unless waived by the will or by all beneficiaries.
- Publication: Notice of the appointment of a personal representative must be published in a newspaper of general circulation in Clark County, such as the Southern Standard, once a week for two consecutive weeks.
- Inventory: A true and complete inventory of all property owned by the decedent must be filed within two months of appointment.
Always check with the Clark County Circuit Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Clark County)
- Petition for Probate/Administration: approximately $165.00
- Small Estate Affidavit: approximately $25.00
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Claims against Estate: approximately $10.00
Arkansas statutes provide a schedule for reasonable compensation for attorneys and personal representatives based on the value of the personal property administered, typically starting at 10% for the first $1,000 and decreasing for larger amounts.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months (due to the 6-month creditor claim period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period (starting from the first date of publication) is a primary factor determining the minimum duration of probate.
Local Resources
Clark County Court Resources
- Court Website: clarkcountyar.gov
- Probate Self-Help: Arkansas Legal Help
- Arkansas Probate Forms: Arkansas Judiciary Forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Center for Arkansas Legal Services: (800) 950-5817 — Free legal help for low-income Arkansans
- Arkadelphia Legal Aid: Check local listings for specific legal aid clinics in Clark County.
Publication
- Southern Standard: (870) 246-5525 — Newspaper of general circulation in Arkadelphia