Overview
Stone County is located in Arkansas with a population of approximately 12,359. The Stone 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 simplified procedure for small estates known as the Affidavit for Collection of Small Estate. This process is available if the value of the estate (excluding the homestead and statutory allowances) does not exceed $100,000.
Arkansas law provides for reasonable compensation for attorneys and personal representatives, often based on a statutory schedule or court approval based on the value of the estate and services rendered.
This guide provides an informational overview of the Stone 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
Stone County Circuit Court
Probate matters in Stone County are handled at the Stone County Courthouse.
Address: 107 W. Main St, Suite D, Mountain View, AR 72560
Phone: (870) 269-3271 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is responsible for maintaining all probate records. The probate division is part of the 16th Judicial Circuit.
Parking and Access
Public parking is generally available around the courthouse square in downtown Mountain View.
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.
- Beneficiary Designations: Assets with named beneficiaries (POD/TOD accounts, life insurance) bypass probate.
- 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 Stone County Circuit Clerk. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
E-filing is available in Stone County through the Arkansas AOC eFlex system.
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 Stone County (such as the Stone County Leader) once a week for two consecutive weeks.
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:
- Notify creditors (creditors have 6 months from the date of first publication to file claims)
- Inventory and appraise all estate assets within two months of appointment
- 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
Stone County-Specific Procedures
- E-filing: Stone County participates in the state's electronic filing system (eFlex). Check with the clerk for mandatory e-filing rules for attorneys.
- Publication: Notice is typically published in the Stone County Leader.
- Local Forms: While the state provides standard forms, always check with the Circuit Clerk for any specific local cover sheets or procedural preferences.
The 16th Judicial Circuit may have specific case management schedules; consult the local court rules.
Timeline & Fees
Filing Fees (Stone County)
- Probate Petition: approximately $165.00
- Small Estate Affidavit: $25.00 filing fee + $5.00 per certified copy
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Claims against Estate: approximately $10.00
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Small Estate: Can be settled after the 45-day waiting period if no claims arise.
- Simple estates: 6-9 months (minimum 6 months for creditor claims).
- Complex or contested estates: 12 months to 2 years or more.
The creditor claim period in Arkansas is 6 months from the date of the first publication of notice.
Local Resources
Stone County Court Resources
- Court Website: https://www.stonecountyar.gov/circuit-and-county-clerk
- Probate Self-Help: https://a.arlawhelp.org/wills-and-estates
- Arkansas Probate Forms: https://www.arcourts.gov/forms-and-publications/court-forms
Legal Aid and Attorney Referrals
- Arkansas Bar Association: (501) 375-4606 — https://www.arkbar.com
- Legal Aid of Arkansas: (800) 952-9243 — https://arlegalaid.org/
Publication
- Stone County Leader: (870) 269-3841 — Newspaper of general circulation for legal notices.