Overview
Garland County is located in Arkansas with a population of approximately 100,180. The Garland 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 (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.
Arkansas offers a simplified procedure known as the Small Estate Affidavit for estates valued at $100,000 or less (excluding the homestead and statutory allowances), provided no personal representative has been appointed and at least 45 days have passed since death.
Arkansas does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" and are subject to court approval based on the complexity of the services rendered.
This guide provides an informational overview of the Garland 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
Garland County Circuit Court
Probate matters in Garland County are handled at the Garland County Courthouse.
Address: 501 Ouachita Avenue, Room 103, Hot Springs National Park, AR 71901
Phone: (501) 622-3610 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Circuit Clerk's office, typically located on the first floor. The court handles wills, estates, guardianships, and adoptions.
Parking and Access
Public parking is available on the streets surrounding the courthouse (Ouachita Ave, Hawthorne St) and in designated public lots nearby. The building is equipped with security screening at the main entrance; allow extra time for metal detectors.
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 administration.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held in joint tenancy with rights of survivorship pass outside 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 Garland County Circuit Clerk. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Cover sheet and filing fee ($165.00)
- Proposed Orders and Letters
E-filing is mandatory for attorneys in Arkansas and available for self-represented litigants via the eFlex system.
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 Garland County (e.g., The Sentinel-Record) once a week for two consecutive weeks.
- Notify creditors directly if known.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if the will is contested or not self-proving. If approved, the judge issues Letters Testamentary or Letters of Administration, granting authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a notice to creditors (claims period is 6 months from first publication).
- Inventory and appraise 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
Garland County-Specific Procedures
- E-Filing: Arkansas courts, including Garland County, utilize the eFlex electronic filing system. Attorneys are required to e-file; pro se litigants are encouraged to do so.
- Local Forms: While standard state forms are used, Garland County may require specific cover sheets or inventory formats. Check with the Circuit Clerk.
- Publication: Notice is typically published in The Sentinel-Record. Proof of publication must be filed with the court.
- Hearings: Hearings are held at the Garland County Courthouse. Check the specific division assignment (e.g., Division II, III, or IV) for your case.
Always check the latest administrative orders from the 18th Judicial District East for any changes in procedure.
Timeline & Fees
Filing Fees (Garland County)
- Open New Probate Case: $165.00
- Small Estate Affidavit: $25.00
- Reopen Closed Case: $50.00
- Certified Copies: $5.00 per document + $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice.
Payment Methods
The Circuit Clerk accepts cash, cashier's checks, money orders, and credit cards (with a processing fee). Personal checks may not be accepted from pro se litigants; verify with the clerk.
Estimated Timelines
- Small Estate Affidavit: 45-day waiting period after death; process is quick once filed.
- Simple estates: 6-9 months (minimum 6-month creditor period).
- Complex or contested estates: 12 months to 2+ years.
The 6-month creditor claim period is the primary factor determining the minimum duration of formal probate.
Local Resources
Garland County Court Resources
- Court Website: garlandcounty.org
- Probate Forms: Arkansas Judiciary Forms
- Case Search: CourtConnect
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Legal Aid of Arkansas: (501) 376-3423 — arkansaslegal.org (Note: Center for Arkansas Legal Services closed 12/31/2025; contact Legal Aid of Arkansas for assistance)
Publication
- The Sentinel-Record: (501) 623-7711 — hotsr.com (Designated newspaper for legal notices)