What to Do When Someone Dies in Madison County, Arkansas

How probate works in Madison County: the Circuit Court - Probate Division record, what the process costs, and how to file there.

Probate Court Record

Madison County Circuit Court - Probate Division

Madison County · 4th Judicial Circuit

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

201 West Main Street, Huntsville, AR 72740

Self-represented filing

Allowed

E-filing

Required for attorneyseFlex e-filing is mandatory for non-fee filings in existing cases. The case-initiating petition and fee-bearing filings are filed on paper with the circuit clerk. On paper: Case-initiating documents, including the petition opening an estate; Filings that require a fee.

Verified October 15, 2026 · Source

How Probate Works in Madison County

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 Madison County, probate runs through the Circuit Court - Probate Division at 201 West Main Street, Huntsville. The court sits in the 4th Judicial Circuit. Madison County shares the 4th Judicial Circuit with Washington.

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 Madison County

What probate costs in Madison 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 201 West Main Street, Huntsville. The court is part of the 4th 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 Madison County, Arkansas are filed at the Circuit Court - Probate Division. The court sits in the 4th Judicial Circuit.

Beside the filing office, the court lists a separate line for County Clerk (probate filings).

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.

For a full cost comparison and filing checklist, see the Madison County Self-Filing Assessment.

Madison County Filing Requirements

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.

Source

The County Clerk is ex officio clerk of the probate division

In Madison County the County Clerk is ex officio clerk for the probate division of the circuit court and files and maintains decedent estate, small estate, adoption, guardianship and civil commitment records.

Source

What to Bring

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 Madison County

In Arkansas a death is registered locally, and in Madison County certified copies of the death certificate are issued by Madison County Local Health Unit as well as by Arkansas Department of Health - Vital Records.

Vital Records Office Record

Local Health Department

Madison County · Madison County Local Health Unit

Hours

Monday, Wednesday-Friday 8:00 AM-4:30 PM; Tuesday 9:30 AM-6:00 PM

Office

709 North College Avenue, Huntsville, AR 72740

Fax

1-479-738-1586

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Madison County · Washington County Coroner

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

2769 South Brink Drive, Fayetteville, AR 72701

Serves this county

Washington County Coroner

Verified November 2, 2026 · Source

Transferring Property in Madison County

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 Madison County are recorded with the Circuit Clerk at 201 West Main Street, Huntsville, AR 72740. Phone: 1-479-738-2215. 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.

Madison County accepts electronic recording through Simplifile, CSC, eFile Anytime and Indecomm.

Recording Office Record

Circuit Clerk

Madison County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

201 West Main Street, Huntsville, AR 72740

Mail

P.O. Box 626 Huntsville, AR 72740

Fax

1-479-738-1544

Verified October 16, 2026 · Source

Probate Attorneys Serving Madison County

Arkansas uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Madison 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 Madison 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.

FirmFayetteville, AR

Davis, Butt, Taylor & Clark, PLC

Serves 4 counties

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.

PracticesEstate PlanningTrust AdministrationTax PlanningBusiness LawCivil Litigation

Office
75 N. East Avenue, Suite 402Fayetteville, AR 72701

FirmBentonville, AR

Generations Legal Group

Serves 4 counties

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

Office
2701 SE J Street, Suite 109Bentonville, AR 72712
Free consultation

Solo PracticeEureka Springs, AR

Kristine Bradt Kendrick Attorney at Law

Serves 3 counties

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.

PracticesEstate PlanningProbateCivil Litigation

Office
121 E Van Buren, Suite 4Eureka Springs, AR 72632

Solo PracticeFayetteville, AR

Law Office of Brenda Vassaur Taylor, P.A.

Serves 4 counties

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.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
2949 N. Point Circle, Suite #2Fayetteville, AR 72704
Free consultation

Solo PracticeHarrison, AR

The Law Office of Steven L. Grady, PLLC

Serves 6 counties

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.

PracticesEstate PlanningProbateCivil LitigationCriminal Defenseand 3 more

Office
200 E. Rush Ave., Suite #5BHarrison, AR 72601

FirmEureka Springs, AR

Thurman & Flanagin Attorneys at Law

Since 2003 · Serves 5 counties

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.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more

Office
41 KingshighwayEureka Springs, AR 72632
Free consultation
See all 23 firms serving Madison County →

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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Show 4 more sources

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.

Get the Answer

Hire an Arkansas Probate Attorney

Browse vetted Arkansas attorneys handling probate matters.

Browse firms

All Arkansas tools