For most Independence County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Independence County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court - Probate Division. The two tools that keep a Independence County home out of probate are a transfer-on-death deed recorded with the Circuit Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Independence County property passes through the Circuit Court - Probate Division — even simple Arkansas probates run 6+ months and start with $165 in filing fees. Arkansas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A beneficiary deed names a beneficiary who receives Independence County property automatically at the owner's death, without probate. It is recorded with the Circuit Clerk during the owner's lifetime and can be revoked at any time.
Before recording, an Arkansas beneficiary deed is signed with notary acknowledgmentArk. Code Ann. 18-12-608Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathArk. Code Ann. 18-12-608Verified Aug 24, 2026View source.
Deeds and other real property documents for Independence County are recorded with the Circuit Clerk, led by Greg Wallis, at 192 East Main Street, Batesville, AR 72501. Phone: 870-793-8833.
The Circuit Clerk charges $15 for the first page plus $5 for each additional page. Recording a 2-page beneficiary deed in Independence County comes to $20. A beneficiary deed is exempt from transfer tax.
Recording Office Record
Independence County · Greg Wallis
Recording fees
| Base fee (first page) | $15 |
| Each additional page | $5 |
| Transfer tax on a TOD deed | Exempt |
Ark. Code Ann. 21-6-306
Verified September 4, 2026 · Source
Searcy firm founded by Penny Choate Agee (practicing since 2001) covering White, Lonoke and surrounding county courts. Handles probate and estate administration for families settling an estate, alongside real estate, business and family law. Locally rooted solo-led practice serving central and northeast Arkansas.
Batesville general-practice attorney serving Independence, Stone, and Izard counties in north-central Arkansas. Handles wills and estates and probate, including guiding executors through administration, alongside guardianship and family matters. Office open weekdays for consultations.
Salem attorney and Fulton County Attorney serving the 16th Judicial District (Fulton, Izard, Stone, Independence, Cleburne counties). Handles probate, wills and trusts, and estate planning alongside family law and litigation. AV Preeminent rated by Martindale-Hubbell.
Batesville firm serving Independence County and the surrounding region from an office on East Main Street. Its attorneys handle probate, will disputes, and estate planning alongside family law, real estate, and litigation. Listed in the Batesville Area Chamber of Commerce directory; the firm has no active website.
Solo Heber Springs attorney serving Cleburne, White, and Independence counties through the local circuit court. Handles probate, estate planning, deeds, and guardianships alongside family-law matters. Also serves as Heber Springs City Attorney and treasurer of the Cleburne County Bar.
Batesville firm serving Independence County and the broader White River region, with satellite offices in Heber Springs, Melbourne, and Mountain View. Handles probate, estate and trust administration, estate and trust litigation, and asset protection for families settling estates. Covers nine surrounding counties.
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.
Estate planning articles for Arkansas.
Forms and tools for property owners in Independence County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Arkansas.
