Overview
Franklin County is located in Arkansas with a population of approximately 17,586. The Franklin County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death. Uniquely, Franklin County has two county seats: Ozark and Charleston.
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 (or Petition for Administration) 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.
Small Estate Affidavit: 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, and 45 days have passed since the death, an Affidavit for Collection of Small Estate may be filed with the probate clerk to transfer assets without full probate administration.
Statutory Fees: Arkansas law allows for reasonable compensation for attorneys and personal representatives. While not a strict percentage, fees are often based on the value of the estate and the services rendered, subject to court approval.
This guide provides an informational overview of the Franklin 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
Franklin County Circuit Court (Ozark District)
Probate matters in the Ozark District are handled at the Franklin County Courthouse.
Address: 211 W. Commercial, Ozark, AR 72949
Phone: (479) 667-3818 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Franklin County Circuit Court (Charleston District)
Probate matters in the Charleston District are handled at the Charleston Courthouse.
Address: 607 E. Main St., Charleston, AR 72933
Phone: (479) 965-7332
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Parking and Access
Both courthouses offer street parking and public parking lots nearby. Security screening is required for entry into the court facilities.
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 after 45 days.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, retirement accounts) or held in joint tenancy with rights of survivorship pass directly to the co-owner or beneficiary.
- 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 Franklin County Circuit Clerk (in the appropriate district). Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
Arkansas courts utilize the eFlex electronic filing system, though pro se litigants may still be able to file in paper. Check with the clerk for specific e-filing requirements.
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 Franklin County (such as The Spectator or Charleston Express) once a week for two consecutive weeks.
- Creditor Notice: Publish a notice to creditors to start the 6-month claims period.
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 and resolve valid claims (claims period is typically 6 months from publication).
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay estate debts and taxes.
- Distribute remaining assets to beneficiaries according to the will or state intestacy laws.
- File a Final Accounting and Petition for Discharge to close the estate.
Local Requirements
Franklin County-Specific Procedures
- Dual Districts: Ensure you file in the correct district (Ozark or Charleston) based on where the decedent lived or owned property.
- E-Filing: Arkansas is transitioning to mandatory e-filing for attorneys. Pro se litigants should verify if paper filing is accepted at the specific clerk's office.
- Publication: Notice must be published in a newspaper of general circulation in Franklin County, such as The Spectator or Charleston Express.
- Inventory: A true and perfect inventory of the estate must be filed within 60 days of the personal representative's appointment.
Timeline & Fees
Filing Fees (Franklin County)
- Opening a New Probate Estate: approximately $165.00
- Small Estate Affidavit: approximately $25.00 - $30.00
- Certified Copies: approximately $5.00 per copy
- Publication Costs: approximately $100.00 - $200.00 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a processing fee. Personal checks are often not accepted from pro se litigants.
Estimated Timelines
- Small Estate Affidavit: Can be settled relatively quickly after the 45-day waiting period.
- Simple Estates: 6-9 months (minimum 6 months for creditor claims).
- Complex Estates: 12 months or longer depending on asset sales, tax issues, or disputes.
Local Resources
Franklin County Court Resources
- Arkansas Judiciary Website: arcourts.gov
- Probate Forms: Arkansas Court Forms
- Franklin County Circuit Clerk: franklincountyar.gov
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Center for Arkansas Legal Services: (800) 950-5817 — arkansaslegal.org
Publication
- The Spectator (Ozark): (479) 667-2136
- Charleston Express: (479) 965-2235