Probate in Madison County runs through the Circuit Court - Probate Division: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Madison County, settling their estate runs through the Circuit Court - Probate Division. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Madison County · 4th Judicial Circuit
Address
Phone
Fax
Hours
Verified July 3, 2026 · Source
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 in 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. The 6 monthsArk. Code § 28-50-101 (6 months from first publication of notice to creditors; § 28-50-101(h): 2 years from first publication for known or reasonably ascertainable creditors even without actual notice; § 28-50-101(d): 5-year absolute bar from death if no letters issued and no notice published)Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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 in 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 Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Circuit Court - Probate Division (https://efile.arcourts.gov/). Self-represented filers can request a paper-filing exemption.
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.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value), capped by 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 to 3.03%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value), capped by 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 of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Arkansas requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
Probate in Arkansas typically runs 9 months to 12 months, and costs accrue throughout that period.
If you're handling probate yourself in Madison County, Arkansas, you can file at the Circuit Court - Probate Division in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 4th Judicial Circuit.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Madison County, families handling probate themselves are exempt and can file on paper.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court - Probate Division is realistic.
For a full cost comparison and filing checklist, see the Madison County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Self-represented litigants may file by paper if unable to use eFlex
Arkansas uses the eFlex electronic filing system. Self-represented (pro se) litigants who cannot use eFlex may file documents in person at the circuit clerk's office, by mail (USPS, FedEx, UPS), or via filing depository. Official probate forms available at arcourts.gov/forms-and-publications/court-forms/probate-division/forms.
SourceTo file at the Circuit Court - Probate Division you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
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, 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.
Madison County accepts electronic recording through Simplifile, eRecording.com, e-File Anytime, Indecomm Global Services.
Recording Office Record
Madison County · Tiffany McDaniel
Address
Phone
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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
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.
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.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Step-by-step tools for families in Madison County, Arkansas.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
Get a score-based recommendation on whether self-filing probate is right for your situation. See estimated savings vs. hiring an attorney and get a step-by-step checklist.
Browse vetted Arkansas attorneys handling probate matters.
