Overview
Desha County is located in Arkansas with a population of approximately 10,321. The Desha 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 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 Small Estate Affidavit procedure for estates valued at $100,000 or less (excluding the homestead and statutory allowances), provided 45 days have passed since death and no personal representative has been appointed.
Arkansas law allows for reasonable compensation for attorneys and personal representatives, often based on a percentage of the estate value (e.g., 5% of the first $1,000, 4% of the next $4,000, and 3% of the balance), subject to court approval.
This guide provides an informational overview of the Desha 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
Desha County Circuit Court
Probate matters in Desha County are handled at the Desha County Courthouse.
Circuit Court Address: 604 President Avenue, Arkansas City, AR 71630
County Clerk Address: 608 Robert S Moore Ave, Arkansas City, AR 71630
Circuit Court Phone: (870) 877-2411
County Clerk Phone: (870) 222-0870
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located in the historic county seat of Arkansas City. The court also has a district department in McGehee.
Parking and Access
Public parking is available around the courthouse square in Arkansas City.
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.
- Muniment of Title: If there are no unpaid debts and the only purpose is to transfer title to real property.
- 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 Desha County Circuit Court. Include:
- Original Last Will and Testament (if applicable)
- Cover Sheet (civil case information)
- Certified copy of the Death Certificate
- $165.00 (Uniform Filing Fee)
- Proposed Order and Letters
E-filing is available in Desha County via the eFlex system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in Desha County for two consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 30 to 60 days after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice once a week for two consecutive weeks; creditors have 6 months from the date of the first publication to file claims
- Inventory and appraise all estate assets within 60 days
- 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
Desha County-Specific Procedures
- E-Filing: Desha County utilizes the state's eFlex electronic filing system.
- Probate Division: Probate matters are heard by the Circuit Judge.
- Forms: Use the official Arkansas Supreme Court probate forms.
- Publication: Notice must be published in a newspaper of general circulation in Desha County for two consecutive weeks.
Always check with the Circuit Clerk for any specific local standing orders or judge-specific requirements.
Timeline & Fees
Filing Fees (Desha County)
- Opening an Estate: 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
- Reopening a case: approximately $50.00
Statutory fees are generally capped at 5% of the first $1,000, 4% of the next $4,000, and 3% of the balance, though courts may approve higher fees for extraordinary services.
Payment Methods
The court accepts cash, money orders, or credit cards (with a processing fee). Credit card payments typically incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
The 6-month creditor claim period is the primary factor determining the minimum duration.
Local Resources
Desha County Court Resources
- Court Website: deshacountyclerk.org
- Probate Self-Help: Arkansas Judiciary Self-Help Resources
- Arkansas Probate Forms: Arkansas Court Forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — Find a Lawyer program
- Center for Arkansas Legal Services: (800) 952-9243 — Free legal assistance for low-income residents
- State Bar Lawyer Referral: arkbar.com
Publication
- Dumas Clarion: (870) 382-4925 — Newspaper of general circulation in Desha County
- McGehee-Dermott Times-News: (870) 222-3922 — Serving McGehee and surrounding areas