Overview
St. Francis County is located in Arkansas with a population of approximately 23,090. The St. Francis 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 (if there is a will) or a Petition for Appointment of Administrator (if there is no will). 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. If the value of the estate (excluding the homestead and statutory allowances) does not exceed $100,000, heirs may file an Affidavit for Collection of Small Estate 45 days after the decedent's death, avoiding full probate administration.
Statutory Fees: Arkansas law allows for reasonable compensation for attorneys and personal representatives. Unless otherwise agreed, fees are often calculated based on a percentage of the estate value (e.g., 5% of the first $5,000, 4% of the next $20,000, etc.), though the court must approve the final amount.
This guide provides an informational overview of the St. Francis 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
St. Francis County Circuit Court
Probate matters in St. Francis County are handled at the St. Francis County Courthouse.
Address: 313 South Izard St., Forrest City, AR 72335
Mailing Address: P.O. Box 1775, Forrest City, AR 72336-2924
Phone: (870) 261-1715 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office serves as the probate clerk. All filings, including wills and petitions, are processed here.
Parking and Access
Public parking is generally available around the courthouse square and in adjacent lots. The building is accessible to the public during business hours, with security screening required 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 file an affidavit 45 days after death.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- 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 St. Francis County Circuit Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
Arkansas requires electronic filing (e-filing) for attorneys in most counties; pro se litigants may still be able to file in paper, but should check with the clerk.
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 St. Francis County (such as the Forrest City Times-Herald) 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 documents are in order, the judge may sign the order without a formal hearing in some cases. Upon approval, the clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a notice to creditors (claims must be filed within 6 months of the first publication).
- 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 to close the estate.
Local Requirements
St. Francis County-Specific Procedures
- E-Filing: Arkansas has implemented a statewide e-filing system (eFlex). Attorneys are generally required to e-file.
- Local Rules: The 1st Judicial Circuit may have specific case management practices. Always check with the clerk for specific judge's requirements regarding proposed orders.
- Publication: Notice to creditors must be published promptly. The Forrest City Times-Herald is commonly used for legal notices in the county.
Note: St. Francis County is part of the 1st Judicial Circuit of Arkansas.
Timeline & Fees
Filing Fees (St. Francis County)
- Opening a Probate Estate: approximately $165.00
- Small Estate Affidavit: approximately $25.00 - $30.00
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Claims against Estate: approximately $10.00
Payment Methods
The court typically accepts cash, money orders, or business checks. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Small Estate Affidavit: Can be filed 45 days after death; process is quick once filed.
- Simple estates: 6-9 months (minimum 6 months for creditor claim period).
- Complex or contested estates: 12 months to 2 years or more.
The 6-month creditor claim period (from the date of first publication) is a primary factor determining the minimum duration of probate.
Local Resources
St. Francis County Court Resources
- Circuit Clerk Website: stfranciscountyar.gov
- Arkansas Judiciary Forms: arcourts.gov
- Self-Help Resources: arlawhelp.org
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — arkbar.com
- Legal Aid of Arkansas: (800) 952-9243 — arlegalaid.org
Publication
- Forrest City Times-Herald: (870) 633-1130 — Local newspaper for legal notices.