Overview
Union County is located in Arkansas with a population of approximately 37,008. The Union 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 (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 valued at $100,000 or less (excluding the homestead and statutory allowances). This process, known as the "Affidavit for Collection of Small Estate," can be filed 45 days after the decedent's death if no personal representative has been appointed.
Statutory Fees: Arkansas law allows for reasonable compensation for attorneys and personal representatives. While not a strict percentage, fees are often based on the value of the estate and the complexity of the work performed, subject to court approval.
This guide provides an informational overview of the Union 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
Union County Circuit Court
Probate matters in Union County are typically processed through the County Clerk's office, which serves as the clerk for the Probate Division.
Address: 101 North Washington, Suite 102, El Dorado, AR 71730-5661
Phone: (870) 864-1910 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is located within the historic Union County Courthouse in downtown El Dorado. The County Clerk maintains probate records and accepts filings.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. The building is accessible to the public during business hours, with security screening 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 (excluding homestead and statutory allowances) is valued at $100,000 or less, you may be able to file an affidavit 45 days after death to collect assets without full probate.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, retirement accounts) or held in joint tenancy with rights of survivorship pass directly to the co-owner or 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 the appropriate petition with the Union County Circuit Clerk (Probate Division). Include:
- Petition for Probate of Will and/or Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $165.00)
- Cover sheet and other state-mandated forms
Step 3: Provide Notice
After filing and appointment, you must:
- Mail notice of the hearing (if required) and notice of appointment to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Union County (such as the El Dorado News-Times) once a week for two consecutive weeks.
- Creditor Notice: The publication starts the 6-month statute of limitations for creditor claims.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition, admit the will, and appoint the personal representative. If the petition is uncontested, this may sometimes be handled without a formal hearing depending on local practice. Once approved, the clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and pay valid claims (creditors have 6 months from first publication to file claims).
- Inventory and Appraise: File a true and complete inventory of estate assets within 60 days of appointment (unless waived by the will and all beneficiaries).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries after debts and taxes are paid.
- File a Final Accounting and Petition for Distribution and Discharge to close the estate.
Local Requirements
Union County-Specific Procedures
- Filing Office: While probate is a Circuit Court matter, the Union County County Clerk often acts as the custodian of probate records. Always confirm the correct filing counter (County Clerk vs. Circuit Clerk) upon arrival.
- Publication: Notice to creditors must be published in a local newspaper, typically the El Dorado News-Times.
- Inventory: Strict adherence to the 60-day inventory deadline is expected unless properly waived.
- Local Forms: Union County generally accepts standard Arkansas probate forms.
Check with the clerk for any specific local cover sheets or administrative orders currently in effect.
Timeline & Fees
Filing Fees (Union County)
- Opening a New Probate Estate: approximately $165.00
- Small Estate Affidavit: $25.00 filing fee + $5.00 for certified copy
- Will Contest / Civil Filing: approximately $165.00
- Publication Costs: approximately $100-$200 (paid directly to the newspaper)
- Certified Copies: $5.00 per copy
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee; personal checks are often not accepted from pro se litigants.
Estimated Timelines
- Small Estate Affidavit: Can be filed 45 days after death; process is quick once filed.
- Simple Uncontested Estate: 6-9 months (minimum 6 months for creditor claims).
- Average Estate: 9-12 months.
- Complex or Contested Estate: 12 months to 2+ years.
The 6-month creditor claim period is a mandatory statutory minimum for formal probate administration.
Local Resources
Union County Court Resources
- County Clerk Website: unioncountyar.com
- 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: (501) 376-3423 — arlegalaid.org
Publication
- El Dorado News-Times: (870) 862-6611 — eldoradonews.com