What to Do When Someone Dies in Sebastian County, Arkansas

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

Probate Court Record

Sebastian County Circuit Court - Probate Division

Sebastian County · 12th Judicial Circuit

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

901 South B Street, Room 205, Fort Smith, AR 72901

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 Sebastian 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 Sebastian County, probate runs through the Circuit Court - Probate Division at 901 South B Street, Room 205, Fort Smith. The court sits in the 12th 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 Sebastian County

What probate costs in Sebastian 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 901 South B Street, Room 205, Fort Smith. The court is part of the 12th 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 Sebastian County, Arkansas are filed at the Circuit Court - Probate Division. The court sits in the 12th Judicial Circuit.

Beside the filing office, the court lists separate lines for Probate, Probate, Records (Parker Annex), and Greenwood District (Greenwood Courthouse).

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 Sebastian County Self-Filing Assessment.

Sebastian 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

Document Requirements

Original wills may be deposited with the Circuit Clerk for safekeeping

The Circuit Clerk accepts an original will for safekeeping for a fee of $5.00. The deposit lists two people eligible to pick up the will upon the testator's death.

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 Sebastian County

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

Vital Records Office Record

Local Health Department

Sebastian County · Sebastian County Local Health Unit

Hours

Monday-Friday 8:00 AM-6:00 PM

Office

3112 South 70th Street, Fort Smith, AR 72903

Fees

Certified copy fees

First certified copy$10
Each additional copy ordered at the same time$8

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Sebastian County · Sebastian County Coroner

Office

8400 South Zero Street, Building B, Fort Smith, AR 72903

Mail and offices

Mail

P.O. Box 407 Lavaca, AR 72941

Fax

1-479-784-1580

Verified November 2, 2026 · Source

Transferring Property in Sebastian 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 Sebastian County are recorded with the Circuit Clerk at 901 South B Street, Room 205, Fort Smith, AR 72901. Phone: 1-479-782-1046. Hours: Monday-Friday 8:00 AM-5:00 PM.

The Circuit Clerk charges $15 for the first page plus $5 for each additional page.

Recording Office Record

Circuit Clerk

Sebastian County

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

901 South B Street, Room 205, Fort Smith, AR 72901

Fax

1-479-784-1580

Verified October 16, 2026 · Source

Probate Attorneys Serving Sebastian County

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

Solo PracticeFort Smith, AR

Alford Law Firm

Serves 1 county

Fort Smith firm serving Sebastian County and the Arkansas River Valley, with attorney John D. Alford in practice for over 36 years. Handles wills, trusts, and probate administration alongside a business and real estate practice, helping families move assets through Sebastian County probate court. Licensed in Arkansas, Texas, Colorado, Wisconsin, and Pennsylvania.

PracticesEstate PlanningTrust AdministrationProbate

Office
6804 Rogers Ave BFort Smith, AR 72903

FirmFort Smith, AR

Daily & Woods, P.L.L.C.

Since 1912 · Serves 2 counties

Fort Smith firm dating to 1912, working the Sebastian County courts and across the Arkansas River Valley and into Oklahoma. For estate settlement, the firm handles probate, wills, trusts, estate administration, and creditor collections. A long-established western Arkansas practice now in its fourth generation, with a second office in Fayetteville.

PracticesEstate PlanningTrust AdministrationProbateGuardianship

Office
58 South 6th StreetFort Smith, AR 72901
Free consultation

FirmFort Smith, AR

Hardin, Jesson & Terry, PLC

Serves 1 county

Fort Smith firm (founded 1909) serving Sebastian County and western Arkansas, with a second office in Little Rock. For estate matters, Rex M. Terry handles trusts, estates, and probate alongside transactional and litigation work. A general practice whose estate work sits beside commercial and oil-and-gas litigation.

PracticesEstate PlanningTrust AdministrationProbateOil Gas Law

Office
5000 Rogers Avenue, Suite 500Fort Smith, AR 72903

FirmFort Smith, AR

Jones, Jackson, Moll, McGinnis & Stocks, PLC

Since 1970 · Serves 1 county

Fort Smith firm in the Belle Grove District serving Sebastian County and the River Valley since 1970. Handles estate planning and probate, drafting wills, trusts, pour-over wills, and powers of attorney, and protecting heirs' interests through administration. AV Preeminent rated by Martindale-Hubbell.

PracticesEstate PlanningTrust AdministrationProbateGuardianship

Office
401 North 7th StreetFort Smith, AR 72901

FirmFort Smith, AR

Providence Estate Planning and Elder Law Attorneys

Serves 2 counties

Fort Smith elder-law and estate firm (second office in Conway) serving Sebastian and Faulkner county families. Attorney Jamison Bonds, a VA-accredited attorney, focuses on estate planning, Medicaid/long-term-care planning, trusts, and probate. Bonds scored #1 nationally on the 2018 Certified Elder Law Medicaid Planning exam essay.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
3223 Old Greenwood RoadFort Smith, AR 72903

FirmFort Smith, AR

Robertson, Beasley, Shipley & Robinson, PLLC

Since 1893 · Serves 1 county

Fort Smith firm serving Sebastian County and the western Arkansas/eastern Oklahoma region, with a practice tracing to 1893. Handles wills, trust and probate administration, and estate and trust litigation for families settling estates. Christopher Brockett leads the estate, trust, and probate work.

PracticesEstate PlanningTrust AdministrationProbate

Office
315 North 7th StreetFort Smith, AR 72901
Free consultation
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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.

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Legal Sources

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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.

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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.

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