Overview
Johnson County is located in Arkansas with a population of approximately 26,172. The Johnson 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.
For smaller estates, Arkansas offers a simplified procedure known as the Small Estate Affidavit. 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 allows for reasonable compensation for attorneys and personal representatives, often calculated based on a statutory schedule (e.g., 5% of the first $5,000, 4% of the next $20,000, etc.) unless otherwise determined by the court.
This guide provides an informational overview of the Johnson 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
Johnson County Circuit Court
Probate matters in Johnson County are handled at the Johnson County Courthouse.
Address: 215 West Main Street, Clarksville, AR 72830
Mailing Address: P.O. Box 189, Clarksville, AR 72830
Phone: (479) 754-2977 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is responsible for maintaining probate records. When visiting, proceed to the Circuit Clerk's window to file documents or request case files.
Parking and Access
Public parking is available on the streets surrounding the courthouse square and in nearby designated lots. Security screening may be required 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 and statutory allowances) and 45 days have passed since death, you may file an affidavit to collect assets without full probate.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or payable-on-death accounts) 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 Probate with the Johnson County Circuit Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $165)
- Cover sheet and other state-mandated forms
Electronic filing (e-filing) is available and encouraged in many Arkansas counties 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 Johnson County (such as The Johnson County Graphic) once a week for two consecutive weeks.
- Notify creditors directly if their identity is known or reasonably ascertainable.
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 (creditors have 6 months from the date of first publication to file claims).
- Inventory and appraise all estate assets within 60 days 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
Johnson County-Specific Procedures
- Filing Location: Filings are processed through the Circuit Clerk's office.
- Publication: Notice to creditors must be published in a local newspaper like The Johnson County Graphic or Johnson County Post for two consecutive weeks.
- Inventory: Must be filed within 60 days of the personal representative's appointment.
- Local Rules: Check with the Circuit Clerk for any specific local cover sheets or procedural preferences.
Timeline & Fees
Filing Fees (Johnson County)
- Probate / Administration: approximately $165.00
- Small Estate Affidavit: approximately $25.00
- Certified copies: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Contact the Circuit Clerk to verify exact amounts.
Statutory Fees
Arkansas law (Ark. Code Ann. § 28-48-108) provides a schedule for reasonable compensation for personal representatives and attorneys, unless the will specifies otherwise or the court orders differently:
- 5% of the first $5,000
- 4% of the next $20,000
- 3% of the next $75,000
- 2.75% of the next $300,000
- 2.5% of the next $600,000
- 2% of the value over $1,000,000
Payment Methods
The court typically accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims).
- Average estates: 9-12 months.
- Complex or contested estates: 12 months to 2+ years.
Local Resources
Johnson County Court Resources
- Court Website: johnsoncounty.arkansas.gov
- Case Search: caseinfo.arcourts.gov
- Arkansas Judiciary Forms: arcourts.gov/forms-and-publications
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Legal Aid of Arkansas: (800) 952-9243 — arlegalaid.org
Publication
- The Johnson County Graphic: (479) 754-2005 — Newspaper of general circulation in Clarksville.
- Johnson County Post: Local news and legal notices.