For most Madison 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 Madison 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 Madison 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.
Skipping this planning step means the Circuit Court - Probate Division decides who receives the property: a simple Arkansas probate takes 6+ months and opens with $165 in court 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 Madison 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 Madison County are recorded with the Circuit Clerk, led by Tiffany McDaniel, at 201 West Main Street, Huntsville, AR 72740. Phone: 479-738-2215. Hours: Monday-Friday 8:00 AM - 4:30 PM.
Documents submitted by mail go to P.O. Box 626, Huntsville, AR 72740.
The Circuit Clerk charges $15 for the first page plus $5 for each additional page. A 2-page beneficiary deed costs $20 to record in Madison County. A beneficiary deed is exempt from transfer tax.
Madison County accepts electronic recording through Simplifile, eRecording.com, e-File Anytime, Indecomm Global Services.
Recording Office Record
Madison County · Tiffany McDaniel
Address
Phone
Fax
Hours
E-recording
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
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.
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.
Eureka Springs solo attorney serving Carroll County and the surrounding northwest Arkansas region. Kristi Kendrick handles estate planning and probate alongside business, real estate, and general civil matters, helping families administer estates in the local court. AV-rated by Martindale-Hubbell, with over 40 years of legal experience.
Fayetteville firm working Washington, Benton, Madison, and Carroll counties, with probate handled in the local Northwest Arkansas circuit courts. For estate settlement, the firm administers decedents' estates and handles probate, trust administration, and guardianships, alongside estate and tax planning. Brenda Vassaur Taylor has practiced in the area since 1985 with a tax-focused estate practice.
Harrison general-practice firm serving Boone, Carroll, Madison, Marion, Newton, and Searcy counties in north Arkansas. Handles estate planning and probate alongside family law, personal injury, and civil litigation, with trial experience across the local courts. Convenient for families settling estates in the Harrison, Berryville, and Yellville area.
Eureka Springs firm serving Carroll County and the wider Ozark region, with a second office in Fayetteville. Its estate practice covers estate planning, probate, elder law, and trust administration; the firm offers house calls for clients who cannot travel to the office. Established in 2003.
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 Madison 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.
