Overview
Conway County is located in Arkansas with a population of approximately 21,422. The Conway County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Arkansas probate is governed by Arkansas Code Annotated Title 28. The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (for testate estates) or a Petition for Administration (for intestate estates). The court then issues Letters Testamentary or Letters of Administration.
Arkansas offers a simplified procedure known as the Affidavit for Collection of Small Estate. This 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 law establishes a statutory fee schedule for attorneys and personal representatives based on the value of the personal property administered, though this can be modified by contract or court order.
This guide provides an informational overview of the Conway 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
Conway County Circuit Court
Probate matters in Conway County are handled at the Conway County Courthouse.
Address: 115 South Moose Street, Morrilton, AR 72110
Phone: (501) 354-9617 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is typically located in Room 206. This office accepts filings and maintains probate records.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible to the public during business hours, with security screening at the entrance.
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/statutory allowances) and 45 days have passed since death, you may file an affidavit to collect assets without full administration.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) 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 Conway County Circuit Court. Include:
- Cover sheet and Petition
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165.00)
- Proposed Order and Letters
E-filing is available and often required for attorneys 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 Conway County (such as the Petit Jean Country Headlight) 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 clerk 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: File a true and perfect inventory of all 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
Conway County-Specific Procedures
- E-filing: Conway County utilizes the state's electronic filing system (eFlex). Attorneys are generally required to e-file.
- Local Forms: While the state provides standard probate forms, always check with the Circuit Clerk for any county-specific cover sheets or requirements.
- Publication: Notice is typically published in the Petit Jean Country Headlight.
- Payment: The clerk's office typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a processing fee.
Always verify specific judge's requirements regarding proposed orders and hearing scheduling.
Timeline & Fees
Filing Fees (Conway County)
- Probate / Administration: approximately $165.00
- Small Estate Affidavit: approximately $25.00 filing fee + $5.00 per certified copy
- Will for Safekeeping: approximately $5.00
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Certified copies: approximately $5.00 each
Note: Arkansas has a statutory fee schedule for attorneys and personal representatives based on the value of the estate's personal property (e.g., 5% on the first $5,000, 4% on the next $20,000, etc.), unless otherwise agreed.
Payment Methods
The court accepts cash, business checks, and money orders. Credit card payments may be available but often incur a convenience fee.
Estimated Timelines
- Small Estate Affidavit: Can be filed 45 days after death; process is quick once filed.
- Simple estates: 6-9 months (driven largely by the 6-month creditor claim period).
- Complex or contested estates: 12 months to 2 years or more.
The 6-month creditor claim period begins after the first publication of notice, which sets the minimum duration for most formal probates.
Local Resources
Conway County Court Resources
- Court Website: https://conwaycountyar.com/home/circuit-clerk/
- Arkansas Judiciary Forms: https://arcourts.gov/forms-and-publications/court-forms/probate-division/forms
- Case Search (CourtConnect): https://caseinfo.arcourts.gov/cconnect/PROD/public/ck_public_qry_main.cp_main_idx
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — https://www.arkbar.com
- Legal Aid of Arkansas: (800) 952-9243 — https://arlegalaid.org/
Publication
- Petit Jean Country Headlight: (501) 354-2451 — Local newspaper of general circulation in Morrilton.