Overview
Perry County is located in Arkansas with a population of approximately 10,251. The Perry 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 Small Estate Affidavit for estates valued at $100,000 or less (excluding homestead and statutory allowances), provided 45 days have passed since death and no personal representative has been appointed.
Arkansas law allows for reasonable attorney fees and personal representative fees, often based on a percentage of the estate value (e.g., roughly 3-5% for the first $1,000, diminishing thereafter), subject to court approval.
This guide provides an informational overview of the Perry 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
Perry County Circuit Court
Probate matters in Perry County are handled at the Perry County Courthouse.
Address: 310 W Main St, Perryville, AR 72126
Phone: (501) 889-5126 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is located in the courthouse. Probate filings are processed here.
Parking and Access
Free parking is generally available around the courthouse square.
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.
- Transfer on Death Deeds: Real estate can be transferred outside probate if a beneficiary deed was recorded prior to death.
- 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 Perry County Circuit Court. Include:
- Original Will (if applicable)
- Cover Sheet
- Certified Death Certificate
- $175.00
- Proposed Order and Letters
E-filing is available in Arkansas via eFlex, but check with the local clerk for specific county adoption.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing
- Publish notice in a newspaper of general circulation in Perry County for two consecutive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 30 to 60 days after filing. 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:
- Publish notice to creditors (creditors have 6 months from first publication to file claims).
- Inventory and appraise all estate assets within 60 days
- 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
Perry County-Specific Procedures
- E-filing: Perry County utilizes the state's e-filing system (eFlex).
- Inventory: Must be filed within 60 days of appointment.
- Forms: Use official Arkansas Judiciary forms.
- Publication: Notice must be published in a newspaper of general circulation in Perry County for two consecutive weeks.
Always verify current filing fees with the Circuit Clerk as they are subject to change.
Timeline & Fees
Filing Fees (Perry County)
- Opening Estate (Probate): approximately $175.00
- Small Estate Affidavit: approximately $25.00
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Guardianship: approximately $175.00
Arkansas statutory executor compensation is generally: 10% of first $1,000, 5% of next $4,000, and 3% of balance.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may incur a processing fee if accepted.
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 6-month creditor claim period is the primary factor determining the minimum duration.
Local Resources
Perry County Court Resources
- Court Website: arcourts.gov
- Probate Self-Help: Arkansas Judiciary Probate Information
- Arkansas Probate Forms: Official Probate Forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — Statewide legal association
- Center for Arkansas Legal Services: (501) 376-3423 — Free legal assistance for eligible residents
- Arkansas Find a Lawyer: www.arkbar.com
Publication
- Perry County Herald: (501) 889-5514 — Newspaper of general circulation in Perry County
- Arkansas Democrat-Gazette: (501) 378-3400 — Statewide newspaper (often used if local paper unavailable)