Overview
White County is located in Arkansas with a population of approximately 79,091. The White 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 estates valued at $100,000 or less (excluding the homestead and statutory allowances). Beneficiaries may file an Affidavit for Collection of Small Estate with the probate clerk. This affidavit cannot be filed until 45 days have passed since the decedent's death. Notice must be published, and assets can typically be distributed 3 months after the first publication of notice if no claims are filed.
Statutory Fees: Arkansas law allows for reasonable compensation for personal representatives and attorneys. Unless the will specifies otherwise, the court may allow a fee based on the value of the personal property administered and the proceeds of any real property sold.
This guide provides an informational overview of the White 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
White County Circuit Court
Probate matters in White County are handled at the White County Courthouse.
Address: 300 North Spruce, Searcy, AR 72143
Phone: (501) 279-6203 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office maintains all probate records. When visiting, be prepared for security screening.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. The building is accessible to persons with disabilities.
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 for Collection of Small Estate.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, retirement accounts) or held in joint tenancy with rights of survivorship do not go through 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 of Will and Appointment of Personal Representative (or Petition for Administration) with the White County Circuit Clerk. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (typically $165.00)
- Cover sheet and other state-mandated forms
E-Filing: White County participates in the Arkansas eFlex electronic filing system. Attorneys are generally required to e-file.
Step 3: Provide Notice
After the court appoints a Personal Representative and issues Letters, you must:
- Publish Notice: Publish a notice to creditors in a newspaper of general circulation in White County (such as White County Citizen) once a week for two consecutive weeks.
- Mail Notice: Send a copy of the notice to all known heirs, beneficiaries, and creditors.
Step 4: Inventory and Claims
- Inventory: File a true and complete inventory of the estate's assets within two months (60 days) of appointment.
- Creditor Claims: Creditors have six months from the date of the first publication of notice to file claims against the estate.
Step 5: Administer and Close the Estate
After the creditor claim period expires and all valid debts and taxes are paid:
- File a Final Accounting showing all income and disbursements.
- Petition the court for approval of the accounting and distribution of assets.
- Distribute assets to beneficiaries as approved by the court.
- File receipts and a petition for discharge to close the estate.
Local Requirements
White County-Specific Procedures
- E-Filing: White County utilizes the eFlex system for electronic filing. Pro se litigants may still be able to file in paper, but should check with the clerk.
- Bond: A bond is generally required for the personal representative unless waived by the will or by all heirs/beneficiaries.
- Publication: Notice to creditors is typically published in White County Citizen.
- Local Forms: While the state provides standard forms, always check with the Circuit Clerk for any county-specific cover sheets or requirements.
Timeline & Fees
Filing Fees (White County)
- Probate/Administration Petition: approximately $165.00
- Small Estate Affidavit: approximately $25.00
- Will for Safekeeping: approximately $5.00
- Publication Costs: approximately $100-$200 (paid directly to the newspaper)
- Certified Copies: approximately $5.00 per copy
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit cards (with a processing fee).
Estimated Timelines
- Small Estate: 3-6 months (includes 45-day wait to file + 3-month notice period).
- Simple Formal Probate: 6-9 months (includes 6-month creditor claim period).
- Complex Estates: 12 months to several years depending on asset sales, tax issues, or litigation.
Local Resources
White County Court Resources
- Circuit Clerk Website: whitecounty.ar.gov/circuitclerk
- Arkansas Judiciary Forms: arcourts.gov/forms-and-publications/court-forms/probate-forms
- 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
- White County Citizen: (501) 268-2465 — whitecountycitizen.com