Overview
Craighead County is located in Arkansas with a population of approximately 115,852. The Craighead 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.
For smaller estates, Arkansas offers a simplified procedure known as the Small Estate Affidavit (Affidavit for Collection of Small Estate by Distributee). This is available if the value of the estate (excluding the homestead and statutory allowances) does not exceed $100,000 and no personal representative has been appointed. There is a 45-day waiting period after death before the affidavit can be filed.
Arkansas law provides for reasonable compensation for attorneys and personal representatives, often based on a percentage of the estate value, though the court must approve fees.
This guide provides an informational overview of the Craighead 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
Craighead County Circuit Court
Probate matters in Craighead County are handled at the Craighead County Courthouse. Note that Craighead County has two districts (Western in Jonesboro and Eastern in Lake City), but most probate matters are handled at the main courthouse in Jonesboro.
Address: 511 South Main St. # 202, Jonesboro, AR 72401
Phone: (870) 933-4520 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Circuit Clerk's office is responsible for maintaining probate records. The Probate Division is part of the Circuit Court system.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required upon entering 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 45 days have passed since death, you may file an affidavit to collect assets without full probate.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- 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 Craighead County Circuit Court. Include:
- The Petition (verified)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
Arkansas courts utilize the eFlex electronic filing system, which may be mandatory for attorneys and optional for self-represented litigants.
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 Craighead County (such as The Jonesboro Sun) once a week for two consecutive weeks.
- Serve notice on known creditors.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, 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 (creditors have 6 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within 2 months of appointment
- Pay valid creditor claims and estate 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
Craighead County-Specific Procedures
- E-filing: Craighead County participates in the state's electronic filing system. Check with the Circuit Clerk for specific pro se filing instructions.
- Two Districts: Be aware that Craighead County is divided into Western (Jonesboro) and Eastern (Lake City) districts. File in the district where the decedent resided.
- Local Forms: The Circuit Clerk may require specific cover sheets or local intake forms.
- Publication: Notice is typically published in The Jonesboro Sun.
Always check the latest local court rules for the 2nd Judicial Circuit.
Timeline & Fees
Filing Fees (Craighead County)
- Opening a Probate Estate: approximately $165.00
- Small Estate Affidavit: $25.00 filing fee + $5.00 per certified copy
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Claims against Estate: $5.00 - $10.00
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years or more
The 6-month creditor claim period (from date of first publication) is a primary factor in the duration of probate.
Local Resources
Craighead County Court Resources
- Court Website: craigheadclerk.com
- Probate Self-Help: Arkansas Legal Help
- Arkansas Probate Forms: arcourts.gov
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.org
- Legal Aid of Arkansas: (800) 952-9243 — arlegalaid.org
Publication
- The Jonesboro Sun: (870) 935-5525 — Newspaper of general circulation for legal notices