Overview
Jefferson County is located in Arkansas with a population of approximately 63,672. The Jefferson 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 (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 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 and at least 45 days have passed since the death.
Arkansas law provides for reasonable compensation for personal representatives and attorneys, often based on a statutory schedule or court approval based on the value of the estate and services rendered.
This guide provides an informational overview of the Jefferson 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
Jefferson County Circuit Court
Probate matters in Jefferson County are handled at the Jefferson County Courthouse.
Address: 101 West Barraque St., Suite 104, Pine Bluff, AR 71601
Phone: 870-541-5306 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Circuit Clerk's office serves as the probate clerk. All filings should be directed to this office.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. Security screening is required for entry into 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 and statutory allowances) 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 (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 Appointment of Personal Representative with the Jefferson County Circuit Court. Include:
- Petition for Probate of Will (if applicable)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165.00)
- Cover sheet and other local forms
E-filing is available and encouraged through the Arkansas Judiciary's 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 Jefferson County (such as the Pine Bluff Commercial) 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 court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a notice to creditors (creditors have 6 months from the first publication to file claims)
- Inventory and appraise all estate assets within 2 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Jefferson County-Specific Procedures
- E-filing: Jefferson County participates in the state's electronic filing system (eFlex). Attorneys are generally required to e-file.
- Bond requirements: A bond is typically required unless waived by the will or by all beneficiaries/heirs.
- Local court rules: Always check with the Circuit Clerk for specific local cover sheet requirements or standing orders.
- Publication: Notice must be published in a newspaper of general circulation in Jefferson County, such as the Pine Bluff Commercial.
The Arkansas Supreme Court has adopted official probate forms which should be used for all filings.
Timeline & Fees
Filing Fees (Jefferson County)
- Opening a New Probate Case: approximately $165.00
- Small Estate Affidavit: approximately $25.00 filing fee + $5.00 per certified copy
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Claims against Estate: approximately $5.00
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a processing fee). E-filing fees are paid online via credit card or e-check.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months (minimum 6 months for creditor claim period)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Arkansas is 6 months from the date of the first publication of the notice to creditors.
Local Resources
Jefferson County Court Resources
- Court Website: jeffersoncountyar.gov
- Probate Self-Help: Arkansas Legal Help
- Arkansas Probate Forms: Arkansas Judiciary Forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: 501-375-4606 — arkbar.com
- Legal Aid of Arkansas: 1-800-952-9243 — arlegalaid.org
Publication
- Pine Bluff Commercial: 870-534-3400 — Newspaper of general circulation