Overview
Greene County is located in Arkansas with a population of approximately 46,928. The Greene 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.
Small Estate Affidavit: Arkansas offers a simplified process for estates valued at $100,000 or less (excluding the homestead and statutory allowances). If the estate qualifies, heirs may file an Affidavit for Collection of Small Estate by Distributee after a 45-day waiting period following the death, provided no personal representative has been appointed.
Statutory Fees: Arkansas law allows for reasonable compensation for attorneys and personal representatives. Unless the will specifies otherwise, compensation is often based on a statutory schedule (e.g., 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance), though the court has discretion to determine what is "just and reasonable."
This guide provides an informational overview of the Greene 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
Greene County Circuit Court
Probate matters in Greene County are handled at the Greene County Courthouse.
Address: 320 West Court St., Paragould, AR 72450
Phone: (870) 239-6330 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (land recording closes at 4:00 PM)
The Circuit Clerk's office is responsible for maintaining probate records. The office is located in the courthouse in downtown Paragould.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Visitors should be prepared for security screening 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/statutory allowances) and 45 days have passed since death, you may be able to file an affidavit to collect assets without full administration.
- Survivorship/Beneficiary Designations: Assets held in joint tenancy with rights of survivorship or with designated beneficiaries (POD/TOD) generally 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 with the Greene County Circuit Clerk. Include:
- Cover sheet (civil/probate)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $165.00)
- Proposed Orders and Letters
Electronic filing (e-filing) is available and encouraged in Arkansas circuit courts through 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 Greene County (such as the Paragould Daily Press) once a week for two successive weeks.
- Creditor Notice: The publication also serves to notify creditors, who generally have six months from the date of first publication to file claims.
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 known creditors and pay valid claims.
- Inventory and appraise all estate assets within two months of appointment (unless waived).
- File federal and state tax returns as needed.
- Distribute 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
Greene County-Specific Procedures
- E-filing: Greene County utilizes the state's electronic filing system. Attorneys are generally required to e-file; pro se litigants may file in paper.
- Payment: The Circuit Clerk typically accepts cash, money orders, or business checks. Credit cards may be accepted with a processing fee.
- Publication: Notice is typically published in the Paragould Daily Press.
- Local Rules: Always check with the Circuit Clerk for any specific local forms or cover sheets required at the time of filing.
Timeline & Fees
Filing Fees (Greene County)
- Opening a New Probate Case: $165.00
- Small Estate Affidavit: $25.00 filing fee + $5.00 per certified copy
- Recording Fees: $15.00 for the first page + $5.00 for each additional page
- Publication costs: Varies by newspaper (typically $100-$200)
Payment Methods
The court accepts cash, money orders, and checks. Confirm credit card acceptance and fees directly with the clerk before visiting.
Estimated Timelines
- Small Estate Affidavit: Can be filed 45 days after death; process is quick once filed.
- Simple estates: 6-9 months (minimum 6 months for creditor claims).
- Average estates: 9-12 months.
- Complex or contested estates: 1 year or more.
The six-month creditor claim period is a primary factor in the duration of probate in Arkansas.
Local Resources
Greene County Court Resources
- Circuit Clerk Website: greenecounty.arkansas.gov
- Arkansas Judiciary Forms: arcourts.gov
- Case Search (CourtConnect): caseinfo.arcourts.gov
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Legal Aid of Arkansas: (800) 950-5817 — arlegalaid.org
Publication
- Paragould Daily Press: (870) 239-8562 — paragoulddailypress.com