Required for attorneyseFlex e-filing is mandatory for attorneys, including new cases. Self-represented filers may register for eFlex only in a case where the court has mandated electronic filing.
Fax
1-479-271-5719
Departments
Probate (County Clerk)1-479-271-5727 · 102 Northeast A Street, Room 206 · Monday-Friday 8:00 AM-noon and 1:00 PM-4:00 PM
About the court
The Probate Division of the Circuit Court is under the authority of the County Clerk. The probate office is in Room 206 of the County Courthouse at 102 NE A St. The circuit clerk's court offices in the same building are open through lunch.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Benton County, probate runs through the Circuit Court - Probate Division at 102 Northeast A Street, Bentonville. The court sits in the 19th West Judicial Circuit.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Arkansas intestacy law when there is no will.
Most Arkansas estates take 9 months to 12 months to move through this process. Creditors have 6 monthsArk. Code §§ 28-50-101, 28-50-103, 28-50-104, 28-50-105, 28-50-106, 28-1-112, 28-40-111Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Benton County
What probate costs in Benton County, Arkansas comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court - Probate Division at 102 Northeast A Street, Bentonville. The court is part of the 19th West Judicial Circuit.
Arkansas charges $165Ark. Code Ann. §§ 21-6-403(b)(1), 21-6-416(b)(2)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Arkansas sets attorney fees by statute — a percentage of the estate's gross value. Every attorney charges the same schedule, so the decision to hire one comes down to complexity, not price.
Arkansas allows executors 'reasonable compensation' — around 2.2%–3.03% of a $500,000 estate, judging by what the states with statutory schedules pay, capped by statute at 3.03%Ark. Code § 28-48-108(a) (just and reasonable; not to exceed 10% first $1K + 5% next $4K + 3% balance of personal property passing through PR's hands)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Arkansas requires publishing notice to creditors in a local newspaper, and the estate pays for it.
Probate in Arkansas typically runs 9 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court - Probate Division
Probate cases in Benton County, Arkansas are filed at the Circuit Court - Probate Division. The court sits in the 19th West Judicial Circuit.
Beside the filing office, the court lists a separate line for Probate (County Clerk).
Can You File Without an Attorney?
Arkansas has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableArk. Code § 28-40-119 (the circuit court admits the will and grants letters); § 28-1-106(b)(1) (clerk appointment only in the judge's absence); no informal probate trackVerified Sep 8, 2026View source.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Self-represented filers file on paper unless the court has mandated e-filing in their case
eFlex accounts are open to attorneys and to a self-represented litigant in a case where the court has mandated electronic filing. A self-represented filer otherwise files with the circuit clerk's office in person or by mail. Statewide probate forms: arcourts.gov/forms-and-publications/court-forms/probate-division/forms.
Filed with the opening petition at the Circuit Court - Probate Division: Death certificate (customary, not required by statute or by any official Arkansas probate form); Original will and any codicils (for testate estates) lodged with the court (filed with Form 3); Proof of the will's execution (proof of will / self-proving affidavit) at presentation of the petition; Probate Cover Sheet (statewide AOC form required by Administrative Order No. 8); Acceptance of Appointment as Personal Representative (Form 8), where no bond is required; Bond of Personal Representative (Form 6), only if the court requires a bond (Ark. Code Ann. § 28-48-201(a))Ark. Code Ann. § 28-40-102 (venue); § 28-40-107 (contents of the petition for probate & appointment); § 28-48-102 (letters & power to act); § 28-48-201, § 28-48-206 (bond)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Benton County
In Arkansas a death is registered locally, and in Benton County certified copies of the death certificate are issued by Benton County Local Health Unit as well as by Arkansas Department of Health - Vital Records.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Circuit Clerk.
Deeds and other real property documents for Benton County are recorded with the Circuit Clerk at 215 East Central Avenue, Bentonville, AR 72712. Phone: 1-479-271-1017. Hours: Monday-Friday 8:00 AM-4:30 PM (open through lunch).
The Circuit Clerk charges $15 for the first page plus $5 for each additional page.
Benton County accepts electronic recording through CSC, ePN and Simplifile.
Arkansas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Benton County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Arkansas are set by statute as a percentage of the estate's value, so every Benton County attorney charges the same schedule. Price isn't the variable — experience with the Circuit Court - Probate Division and responsiveness are.
A probate attorney files the petition with the Circuit Court - Probate Division, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
FirmSiloam Springs, AR
Bailey Law Firm, P.A.
Serves 1 county
Siloam Springs firm serving Benton County families in northwest Arkansas. Attorney David A. Bailey, admitted in Arkansas in 1996, handles wills, trusts, estate planning, and probate alongside a general practice. The firm's website is no longer live; its license record is with the Arkansas Judiciary.
PracticesEstate PlanningTrust AdministrationProbateCriminal Defenseand 2 more
Springdale's oldest firm (1947), serving Washington and Benton County families through the probate process. Guides relatives through estate administration and handles wills and trusts, with partners Matthew Fryar, Laura Ferner and Steven Zega carrying decades of Northwest Arkansas court experience. Bilingual appointments available.
Fayetteville Square firm serving Washington, Benton, Carroll and Madison County families. Handles estate and probate administration plus estate and trust litigation, including contested matters, alongside its tax and real estate work. Every partner is AV-Preeminent rated by Martindale-Hubbell.
Lowell firm serving Benton and Washington counties across Northwest Arkansas, with probate filed in the local circuit courts. For families settling an estate, the firm handles probate and estate administration, letters testamentary, small-estate affidavits, and will- and trust-based plans. Offers a free, no-obligation consultation.
Bentonville estate planning and elder law practice led by Todd Whatley, CELA, serving Northwest Arkansas families (Benton, Washington, Carroll, Madison). Focuses on estate plans built to avoid probate, long-term-care and Medicaid/VA benefits planning, and asset protection. Rebranded from Whatley's elder-law practice in 2024; he is a past president of the National Elder Law Foundation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
Bentonville firm serving Benton and Washington counties in northwest Arkansas, focused on estate planning, probate, and trust administration. Darrell Gibby drafts wills and trusts and guides families through probate and trust settlement, and has concentrated his practice on estate work since 2007. Also handles business formation and real estate.
PracticesEstate PlanningTrust AdministrationProbateElder LawBusiness Law
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Arkansas statutes and official state code. How we research.
Tools for Settling an Estate in Arkansas
Free tools for settling an estate in Arkansas: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Arkansas.
How Do I Settle an Estate?
Settling an estate in Arkansas: the personal representative files the estate inventory within 60 daysArk. Code § 28-49-110Verified Sep 15, 2026View source of appointment; creditors have 6 monthsArk. Code §§ 28-50-101, 28-50-103, 28-50-104, 28-50-105, 28-50-106, 28-1-112, 28-40-111Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Arkansas happens outside court: the trustee acts under the state's Uniform Trust CodeArk. Code Ann. § 28-73-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysArk. Code §§ 28-73-813, 28-73-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Arkansas has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableArk. Code § 28-40-119 (the circuit court admits the will and grants letters); § 28-1-106(b)(1) (clerk appointment only in the judge's absence); no informal probate trackVerified Sep 8, 2026View source.
Enter the estate value to see Arkansas attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Arkansas lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
