Overview
Pulaski County is located in Arkansas with a population of approximately 401,000. The Pulaski County Circuit Court (Probate Division) 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 (or Petition for Administration) 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.
Small Estate Affidavit: Arkansas offers a simplified procedure for small estates valued at $100,000 or less (excluding the homestead and statutory allowances). If the estate qualifies, an Affidavit for Collection of Small Estate can be filed with the probate clerk to transfer assets without full administration.
Statutory Fees: Arkansas law allows for reasonable compensation for personal representatives and attorneys, often based on a percentage of the estate value, though the court must approve these fees as "just and reasonable."
This guide provides an informational overview of the Pulaski 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
Pulaski County Circuit Court
Probate matters in Pulaski County are handled at the Pulaski County Courthouse.
Address: 401 West Markham Street, Little Rock, AR 72201
Phone: (501) 340-8500 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the Circuit Court. Filings are processed through the Circuit Clerk's office.
Parking and Access
There is no free public parking dedicated to the courthouse. Metered street parking is available on surrounding streets. A paid parking garage is located at the DoubleTree Hotel across the street from the courthouse. Visitors must pass through security screening upon entering the 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 there are no unpaid claims against the estate, you may file an Affidavit for Collection of Small Estate after 45 days have passed since death.
- Non-Probate Transfers: Assets with designated beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy 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 of Will and Appointment of Personal Representative (or Petition for Administration) with the Pulaski County Circuit Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee ($165.00)
- Cover sheet and other state-mandated forms
Electronic filing (e-filing) is mandatory for attorneys and available for self-represented litigants in Pulaski County.
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 Pulaski County (e.g., The Daily Record or Arkansas Democrat-Gazette) once a week for two consecutive weeks.
- Notify creditors directly if known.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. If the petition is uncontested and all waivers are filed, a hearing might not be required in some cases. Upon approval, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets and file the inventory with the court within 2 months of appointment.
- Allow the creditor claim period to pass (6 months from the date of first publication).
- 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 to close the estate.
Local Requirements
Pulaski County-Specific Procedures
- E-Filing: Pulaski County utilizes the eFlex system for electronic filing. Attorneys are required to e-file.
- Local Rules: The 6th Judicial Circuit (Pulaski and Perry Counties) may have specific local rules regarding case assignment and scheduling. Check with the clerk for the most current administrative orders.
- Publication: Notice to creditors must be published promptly. The Daily Record is commonly used for legal notices in Little Rock.
Small Estate Note: The filing fee for a Small Estate Affidavit is significantly lower ($25) than full probate ($165), making it a cost-effective option for eligible estates.
Timeline & Fees
Filing Fees (Pulaski County)
- Probate/Administration Petition: approximately $165.00
- Small Estate Affidavit: $25.00 filing fee + $5.00 per certified copy
- Certified copies: $5.00 per document
- Publication costs: approximately $100-$200 depending on the newspaper
- Re-opening a case: $50.00
Payment Methods
The Circuit Clerk accepts cash, credit cards (Visa, MasterCard, Discover), money orders, and business checks. A processing fee applies to credit card transactions.
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 the first publication of the notice to creditors. The estate generally cannot be closed until this period expires.
Local Resources
Pulaski County Court Resources
- Court Website: pulaskiclerkar.gov
- Probate Self-Help: Arkansas Law Help
- Arkansas Probate Forms: Arkansas Judiciary Forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Legal Aid of Arkansas: (800) 952-9243 — arlegalaid.org
Publication
- The Daily Record: (501) 374-5103 — Legal news and public notices
- Arkansas Democrat-Gazette: (501) 378-3400 — Statewide circulation