Overview
Lincoln County is located in Arkansas with a population of approximately 12,868. The Lincoln 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 1) 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 known as the Small Estate Affidavit for estates valued at $100,000 or less (excluding the homestead and statutory allowances), provided no personal representative has been appointed and at least 45 days have passed since death.
Arkansas law allows for reasonable compensation for personal representatives, typically not exceeding 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of the value of the personal property administered.
This guide provides an informational overview of the Lincoln 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
Lincoln County Circuit Court
Probate matters in Lincoln County are handled at the Lincoln County Courthouse.
Address: 300 South Drew Street, Star City, AR 71667
Phone: (870) 628-3154 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is located in the county courthouse in Star City. The Probate Division is part of the 11th Judicial District West.
Parking and Access
Free parking is generally available on the streets surrounding the courthouse square in Star City.
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.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically to the surviving owner.
- 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 of Will and Appointment of Personal Representative with the Lincoln County Circuit Court. Include:
- Cover Sheet
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $165.00)
- Proposed Order and Letters
E-filing may be available through the Arkansas eFlex system; check with the Circuit Clerk for current participation status.
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 Lincoln County (such as the Lincoln American) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court will 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 by publication; creditors have 6 months from the date of the 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.
Local Requirements
Lincoln County-Specific Procedures
- E-filing: Arkansas is transitioning to a statewide e-filing system (eFlex). Contact the Lincoln County Circuit Clerk to confirm if e-filing is mandatory or optional for probate cases.
- Local Rules: Lincoln County is part of the 11th Judicial District West. Consult local court rules for specific courtroom decorum and procedural requirements.
- Publication: Notice must be published in a newspaper of general circulation in Lincoln County, such as the Lincoln American, for two consecutive weeks.
Always verify the specific requirements with the Circuit Clerk's office before filing.
Timeline & Fees
Filing Fees (Lincoln County)
- Opening an Estate: approximately $165.00
- Small Estate Affidavit: approximately $25.00
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Claims against estate: $5.00
Arkansas statutes provide a schedule for reasonable compensation for personal representatives: 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of personal property.
Payment Methods
The court accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee. Personal checks may not be accepted; verify with the clerk.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
The creditor claim period in Arkansas is 6 months from the date of the first publication of notice, which sets a minimum duration for most formal probates.
Local Resources
Lincoln County Court Resources
- Court Website: arcourts.gov
- Probate Self-Help: Arkansas Legal Help
- Arkansas Probate Forms: Official Court Forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — Professional association for Arkansas lawyers.
- Center for Arkansas Legal Services: (800) 952-9243 — Legal aid for low-income residents.
- Arkansas Bar Find-a-Lawyer: Find a Lawyer
Publication
- Lincoln American: (870) 628-4161 — Newspaper of general circulation in Star City.