Overview
Miller County is located in the southwestern corner of Arkansas with a population of approximately 41,958. The Miller County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death. Texarkana, the county seat, straddles the Arkansas-Texas border and serves as the commercial center for the region.
Arkansas probate is governed by Title 28 of the Arkansas Code. In Arkansas, the Circuit Court has jurisdiction over probate matters. The process begins with filing a Petition for Probate of Will (testate) or a Petition for Letters of Administration (intestate) with the Circuit Clerk. The court then issues Letters Testamentary or Letters of Administration to authorize the personal representative to act on behalf of the estate.
Arkansas offers a simplified procedure for small estates. If the total value of all property owned by the decedent does not exceed $100,000 (excluding the homestead and statutory allowances for the spouse or minor children), heirs may use a Small Estate Affidavit to collect assets without full probate administration. At least 45 days must have passed since the death before the affidavit can be filed, and the filing fee is $25.00.
Arkansas does not have a fixed statutory fee schedule for attorney or executor compensation based on a percentage of the estate. Instead, fees are determined by the court to be "reasonable" based on the complexity of the services rendered.
This guide provides an informational overview of the Miller 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
Miller County Circuit Court
Probate matters in Miller County are handled at the Miller County Courthouse in Texarkana.
Address: 400 Laurel Street, Texarkana, AR 71854
Phone: (870) 774-1501 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office maintains all probate records and processes new filings. Miller County is part of the 8th Judicial Circuit South.
Parking and Access
Free street parking and public lots are available around the Miller County Courthouse in downtown Texarkana. The building is accessible to persons with disabilities. Visitors should allow time for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the total estate value is $100,000 or less (excluding homestead and statutory allowances) and at least 45 days have passed since death, you may use a Small Estate Affidavit to transfer assets without full probate.
- Joint Tenancy/Survivorship: Assets held jointly 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 or Petition for Letters of Administration with the Miller County Circuit Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Petition for Probate
- Filing fee (approximately $165.00)
- List of heirs and beneficiaries with addresses
The Arkansas Judiciary provides official probate forms at arcourts.gov.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Miller County, such as the Texarkana Gazette, 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. Bond may be required unless waived.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors by publication and allow them 3 months from the date of first publication to file claims.
- Inventory and appraise all estate assets within 2 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting and petition for discharge.
Local Requirements
Miller County-Specific Procedures
- Filing: Probate filings are handled through the Miller County Circuit Clerk's office at 400 Laurel Street, Texarkana, AR 71854.
- Bond requirements: A bond is typically required for personal representatives unless waived in the will or by all beneficiaries.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Miller County, such as the Texarkana Gazette, for two consecutive weeks.
- Arkansas Probate Forms: Official state probate forms are available at arcourts.gov/forms-and-publications/court-forms/probate-division/forms.
- Border considerations: Because Texarkana straddles the Arkansas-Texas border, ensure that the decedent was domiciled on the Arkansas side. If the decedent lived on the Texas side, probate must be filed in Bowie County, Texas.
Always check with the Circuit Clerk for the most current local rules and fee schedules before filing.
Timeline & Fees
Filing Fees (Miller County)
- Petition for Probate (opening an estate): approximately $165.00
- Small Estate Affidavit: $25.00 (plus $5.00 per certified copy)
- Certified copies: approximately $5.00 per copy
- Publication costs: approximately $75 - $200 depending on the newspaper and notice length
Note: Fees are subject to change. Contact the Circuit Clerk at (870) 774-1501 for exact current amounts.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply for card payments).
Estimated Timelines
- Simple estates: 6 - 9 months
- Average estates: 9 - 12 months
- Complex or contested estates: 1 - 2 years
The 3-month creditor claim period (from date of first publication) must expire before the estate can be closed.
Local Resources
Miller County Court Resources
- Miller County Clerk: millercountyclerkar.com
- Miller County Government: millercountyar.gov
- Arkansas Official Probate Forms: arcourts.gov
Legal Aid and Attorney Referrals
- Legal Aid of Arkansas: (870) 972-9224 — Free legal services for qualifying low-income residents
- Arkansas Bar Association Lawyer Referral: (501) 375-4606 — arkbar.com
- Southwest Arkansas Legal Services: Provides assistance to residents in the Texarkana area
Publication
- Texarkana Gazette: (870) 773-3451 — Daily newspaper serving Miller County and the Texarkana region, publishes legal notices