Overview
Lee County is located in Arkansas with a population of approximately 8,600. The Lee 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 personal representatives; fees must be reasonable and are subject to court approval based on the services performed.
This guide provides an informational overview of the Lee 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
Lee County Circuit Court
Probate matters in Lee County are handled at the Lee County Courthouse.
Address: 15 East Chestnut Street, Marianna, AR 72360
Phone: (870) 295-7715 (Probate Clerk) / (870) 295-7710 (Circuit Clerk Main Line)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office serves as the probate clerk. The courthouse is located in downtown Marianna.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours, with security screening at the entrance.
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 with designated beneficiaries (like life insurance or retirement accounts) or held in joint tenancy with rights of survivorship pass directly to the beneficiary.
- 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 Lee County Circuit Court. Include:
- The Petition (Form 1 or similar)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165-$185)
- Cover sheet and other state-mandated forms
Lee County mandates electronic filing (e-filing) for most probate matters through the state'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 Lee County, such as The Courier-Index, once a week for two consecutive weeks.
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.
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
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Lee County-Specific Procedures
- E-filing: Lee County Circuit Court requires mandatory e-filing for probate cases via the Arkansas eFlex system.
- Bond requirements: A bond is typically required unless waived by the will or by all beneficiaries/heirs.
- Local court rules: Check with the Circuit Clerk for any specific local standing orders regarding probate hearings.
- Publication: Notice must be published in a newspaper of general circulation in Lee County, typically The Courier-Index, for two consecutive weeks.
Always verify the specific judge's requirements for proposed orders and hearing scheduling.
Timeline & Fees
Filing Fees (Lee County)
- Opening a Probate Estate: approximately $165-$185
- Small Estate Affidavit: approximately $25
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Claims against Estate: approximately $10
Fees are subject to change. E-filing may incur additional transaction fees.
Payment Methods
The court accepts credit/debit cards (via eFlex), cash, cashier's checks, or money orders.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- 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 first publication, which sets a minimum duration for formal administration.
Local Resources
Lee County Court Resources
- Court Website: https://www.leecountyar.gov/clerk
- Probate Self-Help: http://arcourts.gov/forms-and-publications/court-forms/probate-division/forms
- Arkansas Probate Forms: http://arcourts.gov/forms-and-publications/court-forms/probate-division/forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — Professional association for Arkansas lawyers
- Center for Arkansas Legal Services: (800) 950-5817 — Free legal help for low-income Arkansans
- Arkansas Bar Lawyer Referral: https://www.arkbar.com/?pg=Arkansas-Find-a-Lawyer
Publication
- The Courier-Index: (870) 295-2551 — Newspaper of general circulation in Marianna