Overview
Hempstead County is located in Arkansas with a population of approximately 19,105. The Hempstead 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 simplified procedure for small estates known as the Affidavit for Collection of Small Estate. This is available if the value of the estate, excluding the homestead and statutory allowances, does not exceed $100,000.
Arkansas does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable and approved by the court.
This guide provides an informational overview of the Hempstead 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
Hempstead County Circuit Court
Probate matters in Hempstead County are handled at the Hempstead County Courthouse.
Address: 200 E 3rd St, Hope, AR 71801
Mailing Address: PO Box 1420, Hope, AR 71802
Phone: (870) 777-2384 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is responsible for maintaining probate records. While the historic courthouse is located at 400 S Washington St, the Circuit Clerk and court offices are typically accessed at the 3rd Street address.
Parking and Access
Street parking is generally available around the courthouse square. Visitors should be prepared for security screening upon entering the court 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 and statutory allowances) and no personal representative has been appointed, you may be able to use an affidavit 45 days after death.
- Non-Probate Transfers: Assets held in joint tenancy, with beneficiary designations, or 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 Hempstead County Circuit Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
E-filing may be available or required for attorneys; pro se litigants should check with the clerk.
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 Hempstead County (such as the Hope Star) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. If the petition is uncontested and all documents are in order, the judge may sign the order without a formal hearing in some cases. Upon approval, the clerk 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 the first publication of notice to file claims).
- Inventory and appraise all estate assets within 2 months 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 to close the estate.
Local Requirements
Hempstead County-Specific Procedures
- Filing Location: Filings are processed through the Circuit Clerk's office.
- Publication: Notice must be published in a newspaper of general circulation in Hempstead County, such as the Hope Star.
- Inventory: Must be filed within 2 months of appointment unless waived by the court or beneficiaries (where allowed).
Always check with the Circuit Clerk for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Hempstead County)
- Probate Petition: approximately $165.00
- Small Estate Affidavit: $25.00 filing fee + $5.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Certified copies: $5.00 per copy
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee; confirm with the clerk.
Estimated Timelines
- Small Estate Affidavit: Can be filed 45 days after death.
- Simple estates: 6-9 months (minimum 6 months for creditor claims).
- Complex or contested estates: 12 months or longer.
The timeline is largely dictated by the 6-month creditor claim period in Arkansas.
Local Resources
Hempstead County Court Resources
- Circuit Clerk Website: hempsteadcountyar.com
- Arkansas Judiciary Forms: arcourts.gov
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Legal Aid of Arkansas: (800) 952-9243 — arlegalaid.org
Publication
- Hope Star: (870) 777-8841 — Local newspaper for legal notices.