Overview
Faulkner County is located in Arkansas with a population of approximately 131,611. The Faulkner 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 (Form 2) 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. If the value of the estate (excluding the homestead and statutory allowances) does not exceed $100,000, heirs may file an Affidavit for Collection of Small Estate by Distributee after a 45-day waiting period following the death.
Arkansas does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be "reasonable" and approved by the court.
This guide provides an informational overview of the Faulkner 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
Faulkner County Circuit Court
Probate matters in Faulkner County are handled at the Faulkner County Courthouse.
Address: 801 Locust Ave., Conway, AR 72034
Phone: 501-450-4911 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office, where filings are typically processed, is located nearby at 724 Locust Ave. The Probate Division is part of the Circuit Court system.
Parking and Access
Free public parking is available on the streets surrounding the courthouse and in designated public lots nearby. Visitors should check for time-limit signs on street parking.
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 no personal representative has been appointed, you may file an affidavit 45 days after death.
- 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 of Will and Appointment of Personal Representative (Form 2) with the Faulkner County Circuit Clerk. Include:
- Cover Sheet
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165-$185)
- Demand for Notice (Form 1) if applicable
E-filing is mandatory for attorneys and available for self-represented litigants in many Arkansas counties.
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 Faulkner County (such as the Log Cabin Democrat) once a week for two consecutive weeks.
- Serve notice to known creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. 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:
- Notify creditors (creditors have 6 months from the date of first publication to file claims).
- Inventory and appraise all estate assets within 60 days 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.
Local Requirements
Faulkner County-Specific Procedures
- E-filing: Faulkner County utilizes the state's eFlex electronic filing system. Attorneys are generally required to e-file.
- Inventory: Must be filed within 60 days of the personal representative's appointment unless waived by the court or beneficiaries.
- Publication: Notice to creditors must be published in a newspaper of general circulation within Faulkner County, such as the Log Cabin Democrat.
- Local Forms: While official state forms are standard, check with the Circuit Clerk for any specific local cover sheets or procedural requirements.
Always check with the Circuit Clerk's office for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Faulkner County)
- Petition for Probate: approximately $165.00 - $185.00 (includes e-filing fees)
- 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: $10.00 filing fee
Arkansas law allows for reasonable compensation for attorneys and personal representatives, subject to court approval, rather than a fixed statutory percentage.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (often with a processing fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period is a primary factor in the duration of probate.
Local Resources
Faulkner County Court Resources
- Court Website: faulknercountyar.gov
- Probate Self-Help: Arkansas Law Help
- Arkansas Probate Forms: Arkansas Judiciary Forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: 501-375-4606 — arkbar.org
- Center for Arkansas Legal Services: 501-376-3423 — Free legal help for low-income Arkansans
- Faulkner County Bar Association: Contact local court for current officers
Publication
- Log Cabin Democrat: 501-327-6621 — thecabin.net
- Arkansas Democrat-Gazette: 501-378-3400 — arkansasonline.com