Is there a way to avoid probate appointment in Arkansas?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

How Do I Get Appointed as Executor in Arkansas?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in Arkansas

Personal Representative (executor/executrix if testate, administrator/administratrix if intestate)

Where you file

Circuit Court (Probate Division)

The form that opens the estate

Form 3Petition for Probate of Will and Appointment of Personal Representative · Fillable PDF · View source

What the court issues (with a will)

Letters Testamentaryissued by Circuit Court clerk, after the court enters an order admitting the will and/or appointing the personal representative

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms

E-filing runs through eFlex under Administrative Order No. 21 and is rolled out court-by-court, not uniformly statewide. Self-represented litigants may register and e-file in a court where the system is in use.

The 33 statewide probate forms are uniform across counties, but each circuit clerk layers a local probate cover/disposition sheet at filing and circuits may adopt local rules; e-filing setup varies by judicial district.

Bond

Required before Letters: No
Waivable by will: No
Waivable by beneficiaries: No

Other official forms

Letters form: Form 11 (Letters Testamentary) / Form 10 (Letters of Administration)View source

What to file with the petition

Certified copy of the death certificate
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
Bond of Personal Representative (Form 6) unless dispensed with (Ark. Code Ann. § 28-48-201, § 28-48-206)
Notice of Appointment (Form 13 for executor / Form 12 for administrator) for publication to creditors
Proposed order admitting the will and/or appointing the personal representative

Small-estate alternative

Bypasses full Letters: Yes
Form: Form 23View source
Form name: Affidavit for Collection of Small Estate by Distributee

State-specific notes

Arkansas merged probate into the Circuit Court (Probate Division) under Constitutional Amendment 80 (five subject-matter divisions: criminal, civil, probate, domestic relations, juvenile). There are separate appointment petitions for testate vs. intestate estates (Form 3 vs. Form 2) and separate Letters (Form 11 Letters Testamentary vs. Form 10 Letters of Administration). The small-estate affidavit (Form 23, Ark. Code Ann. § 28-41-101(a)(1)) requires that 45 days have elapsed since death, that no PR petition is pending or has been granted, and that the value less encumbrances of all property owned by the decedent — excluding the homestead and any statutory allowances — does not exceed $100,000. Act 326 of 2023 made bond discretionary (§ 28-48-201), reduced § 28-48-206 to a single good-cause sentence, and repealed § 28-48-203 (sureties).

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

Arkansas uses Petition for Probate of Will and Appointment of Personal Representative (Form 3); Petition for Appointment of Administrator/Administratrix (Form 2) (Form 3), filed with the Circuit Court (Probate Division). After the court grants the petition, Circuit Court clerk, after the court enters an order admitting the will and/or appointing the personal representative issues your Letters Testamentary (with a will) or Letters of Administration (without a will).

Along with the petition, Arkansas generally requires: Certified copy of the death certificate; 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; Bond of Personal Representative (Form 6) unless dispensed with (Ark. Code Ann. § 28-48-201, § 28-48-206); Notice of Appointment (Form 13 for executor / Form 12 for administrator) for publication to creditors; Proposed order admitting the will and/or appointing the personal representative.

Arkansas does not require a bond by default before Letters issue, though the court can order one.

Arkansas permits self-represented filers to open an estate, using Petition for Probate of Will and Appointment of Personal Representative (Form 3); Petition for Appointment of Administrator/Administratrix (Form 2) (Form 3). E-filing is available. The Self-File Probate Assessment compares self-filing and attorney costs for Arkansas.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Arkansas — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

Getting Appointed in Arkansas

In Arkansas, a personal representative is appointed by the Circuit Court (Probate Division). Circuit Court clerk, after the court enters an order admitting the will and/or appointing the personal representative issues the Letters that prove authority over the estate — Letters Testamentary when there is a will, Letters of Administration when there is not. Arkansas's Uniform Probate Code adoption status: No.

The estate is opened by filing Petition for Probate of Will and Appointment of Personal Representative (Form 3); Petition for Appointment of Administrator/Administratrix (Form 2) (Form 3) with the court. The court filing fee runs $165, and an informal appointment track for qualifying estates is available: No.

Arkansas does not require a bond by default before Letters issue, though the court can order one where it is needed to protect creditors or heirs.

Estates under $100,000 in Arkansas may qualify for a simplified procedure that avoids a full appointment entirely (Form 23). See the self-file probate assessment for a Arkansas cost comparison.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Arkansas statutes and official state code. How we research.

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Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

Learn more

Arkansas Estate Planning Resources

In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.

How Do I Get Appointed as Executor in Arkansas?

Getting Appointed in ArkansasArk. 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 Jul 15, 2026View source

At a glance

BondArk. Code Ann. § 28-48-201, § 28-48-206Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Frequently Asked Questions

Is this your situation?

Named as Executor

Your kids shouldn't have to do this.

Arkansas Estate Planning Resources

Getting Appointed in ArkansasArk. 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 Jul 15, 2026View source

At a glance

BondArk. Code Ann. § 28-48-201, § 28-48-206Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Is this your situation?

Named as Executor

Getting Appointed in Arkansas

Bond

Getting Appointed in Arkansas

Bond