Do I Need a Lawyer for Probate in Arkansas?

Court filing fees in Arkansas vary by county.Ark. Code §§ 28-48-108(a) (executor compensation — just and reasonable, capped at 10% first $1K / 5% next $4K / 3% balance of personal property fully administered), 28-48-108(d)(2)-(3) (attorney fee schedule — 6-tier, 5% to 2%, on total market value reportable in circuit court; court adjusts if excessive or insufficient), 28-41-101 (small estate affidavit — $100K / 45 days / real property counts toward the cap / homestead and statutory allowances excluded), 28-50-101 (creditor claims — 6 months from first publication; (h) 2 years from first publication for known or reasonably ascertainable creditors; (d) 5-year absolute bar), 28-48-201 (bond — court "may require"; mandatory on written demand under (b)(1)), 28-48-206 (court may increase, decrease, or dispense with bond for good cause), 28-40-111(a)(1)(A) (mandatory publication of notice of appointment), 28-1-112 (notice requirements), 28-40-119 (court admits will and grants letters), 28-1-106 (probate referee and clerk), 28-52-103(a) (PR must file verified accounts with the court), 28-49-110 (PR-prepared inventory). Bond sections rewritten by Act 326 of 2023 (HB1448, 94th GA): § 28-48-201 "shall take" stricken and "may require" added, § 28-48-203 (sureties) repealed, and § 28-48-206's will-direction / FDIC-fiduciary / distributee-waiver dispensations stricken. Verified 2026-07-14. The official Arkansas Code (lexisnexis.com/hottopics/arcode/) is JS/Lexis-walled, so every section above was read from the codified "Arkansas Code of 1987 (2024)" edition on law.justia.com (e.g. law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-48/subchapter-2/section-28-48-206/), cross-checked against the enacted Act 326 of 2023 PDF from the official source (arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT326.pdf). Because act PDFs render stricken text identically to enacted text, every Act 326 change above was confirmed against the codified section, not the act alone. CURRENCY (2026-07-14): no act of any session enacted after the codified edition's currency date amends any cited section. Confirmed two ways against the Legislature's own site: (1) arkleg's official "Code Sections Amended" index for Title 28 (arkleg.state.ar.us/Acts/CodeSectionsAmended) for the 2024 Fiscal, 2024 Second Extraordinary, 2025 Regular, 2026 Fiscal, and 2026 First Extraordinary sessions — the only 2025 Title 28 amendments are ch. 65 guardianship (Acts 713, 518, 315), § 28-8-102 / §§ 28-40-110(c), -112, -121 (Act 692, missing-person legal-death procedure), §§ 28-69-802/-803 (Act 308), and new ch. 78 Uniform Trust Decanting Act (Act 680); (2) a full-text scan of every enacted public act of all five of those sessions (1,026 acts in 2025R plus 177 + 6 + 175 + 3) downloaded from arkleg and converted with pdftotext — the strings 28-48-108, 28-48-201, 28-48-206, 28-50-101, 28-40-111, 28-40-119, 28-1-106, 28-52-103, and 28-41-101 appear in exactly one act (Act 713 of 2025), and there only as a cross-reference to § 28-48-201 et seq. inside the guardian-bond section § 28-65-215(d), not as an amendment.Verified Jul 14, 2026 Self-filing costs typically include the court petition fee, publication costs. The filing fee is a fraction of total probate costs. See a full breakdown with the Arkansas probate calculator.

Simple estates in Arkansas typically take 6-9 months.Ark. Code §§ 28-48-108(a) (executor compensation — just and reasonable, capped at 10% first $1K / 5% next $4K / 3% balance of personal property fully administered), 28-48-108(d)(2)-(3) (attorney fee schedule — 6-tier, 5% to 2%, on total market value reportable in circuit court; court adjusts if excessive or insufficient), 28-41-101 (small estate affidavit — $100K / 45 days / real property counts toward the cap / homestead and statutory allowances excluded), 28-50-101 (creditor claims — 6 months from first publication; (h) 2 years from first publication for known or reasonably ascertainable creditors; (d) 5-year absolute bar), 28-48-201 (bond — court "may require"; mandatory on written demand under (b)(1)), 28-48-206 (court may increase, decrease, or dispense with bond for good cause), 28-40-111(a)(1)(A) (mandatory publication of notice of appointment), 28-1-112 (notice requirements), 28-40-119 (court admits will and grants letters), 28-1-106 (probate referee and clerk), 28-52-103(a) (PR must file verified accounts with the court), 28-49-110 (PR-prepared inventory). Bond sections rewritten by Act 326 of 2023 (HB1448, 94th GA): § 28-48-201 "shall take" stricken and "may require" added, § 28-48-203 (sureties) repealed, and § 28-48-206's will-direction / FDIC-fiduciary / distributee-waiver dispensations stricken. Verified 2026-07-14. The official Arkansas Code (lexisnexis.com/hottopics/arcode/) is JS/Lexis-walled, so every section above was read from the codified "Arkansas Code of 1987 (2024)" edition on law.justia.com (e.g. law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-48/subchapter-2/section-28-48-206/), cross-checked against the enacted Act 326 of 2023 PDF from the official source (arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT326.pdf). Because act PDFs render stricken text identically to enacted text, every Act 326 change above was confirmed against the codified section, not the act alone. CURRENCY (2026-07-14): no act of any session enacted after the codified edition's currency date amends any cited section. Confirmed two ways against the Legislature's own site: (1) arkleg's official "Code Sections Amended" index for Title 28 (arkleg.state.ar.us/Acts/CodeSectionsAmended) for the 2024 Fiscal, 2024 Second Extraordinary, 2025 Regular, 2026 Fiscal, and 2026 First Extraordinary sessions — the only 2025 Title 28 amendments are ch. 65 guardianship (Acts 713, 518, 315), § 28-8-102 / §§ 28-40-110(c), -112, -121 (Act 692, missing-person legal-death procedure), §§ 28-69-802/-803 (Act 308), and new ch. 78 Uniform Trust Decanting Act (Act 680); (2) a full-text scan of every enacted public act of all five of those sessions (1,026 acts in 2025R plus 177 + 6 + 175 + 3) downloaded from arkleg and converted with pdftotext — the strings 28-48-108, 28-48-201, 28-48-206, 28-50-101, 28-40-111, 28-40-119, 28-1-106, 28-52-103, and 28-41-101 appear in exactly one act (Act 713 of 2025), and there only as a cross-reference to § 28-48-201 et seq. inside the guardian-bond section § 28-65-215(d), not as an amendment.Verified Jul 14, 2026 The 6-month creditor claim period is the minimum timeline. Self-filed probate takes roughly the same time as attorney-filed probate.

Arkansas allows Affidavit for Collection of Small Estate by Distributee for estates with personal property under $100,000.Ark. Code §§ 28-48-108(a) (executor compensation — just and reasonable, capped at 10% first $1K / 5% next $4K / 3% balance of personal property fully administered), 28-48-108(d)(2)-(3) (attorney fee schedule — 6-tier, 5% to 2%, on total market value reportable in circuit court; court adjusts if excessive or insufficient), 28-41-101 (small estate affidavit — $100K / 45 days / real property counts toward the cap / homestead and statutory allowances excluded), 28-50-101 (creditor claims — 6 months from first publication; (h) 2 years from first publication for known or reasonably ascertainable creditors; (d) 5-year absolute bar), 28-48-201 (bond — court "may require"; mandatory on written demand under (b)(1)), 28-48-206 (court may increase, decrease, or dispense with bond for good cause), 28-40-111(a)(1)(A) (mandatory publication of notice of appointment), 28-1-112 (notice requirements), 28-40-119 (court admits will and grants letters), 28-1-106 (probate referee and clerk), 28-52-103(a) (PR must file verified accounts with the court), 28-49-110 (PR-prepared inventory). Bond sections rewritten by Act 326 of 2023 (HB1448, 94th GA): § 28-48-201 "shall take" stricken and "may require" added, § 28-48-203 (sureties) repealed, and § 28-48-206's will-direction / FDIC-fiduciary / distributee-waiver dispensations stricken. Verified 2026-07-14. The official Arkansas Code (lexisnexis.com/hottopics/arcode/) is JS/Lexis-walled, so every section above was read from the codified "Arkansas Code of 1987 (2024)" edition on law.justia.com (e.g. law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-48/subchapter-2/section-28-48-206/), cross-checked against the enacted Act 326 of 2023 PDF from the official source (arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT326.pdf). Because act PDFs render stricken text identically to enacted text, every Act 326 change above was confirmed against the codified section, not the act alone. CURRENCY (2026-07-14): no act of any session enacted after the codified edition's currency date amends any cited section. Confirmed two ways against the Legislature's own site: (1) arkleg's official "Code Sections Amended" index for Title 28 (arkleg.state.ar.us/Acts/CodeSectionsAmended) for the 2024 Fiscal, 2024 Second Extraordinary, 2025 Regular, 2026 Fiscal, and 2026 First Extraordinary sessions — the only 2025 Title 28 amendments are ch. 65 guardianship (Acts 713, 518, 315), § 28-8-102 / §§ 28-40-110(c), -112, -121 (Act 692, missing-person legal-death procedure), §§ 28-69-802/-803 (Act 308), and new ch. 78 Uniform Trust Decanting Act (Act 680); (2) a full-text scan of every enacted public act of all five of those sessions (1,026 acts in 2025R plus 177 + 6 + 175 + 3) downloaded from arkleg and converted with pdftotext — the strings 28-48-108, 28-48-201, 28-48-206, 28-50-101, 28-40-111, 28-40-119, 28-1-106, 28-52-103, and 28-41-101 appear in exactly one act (Act 713 of 2025), and there only as a cross-reference to § 28-48-201 et seq. inside the guardian-bond section § 28-65-215(d), not as an amendment.Verified Jul 14, 2026 There is a 45-day waiting period. These procedures are simpler than formal probate and well-suited for self-filing.

The primary savings from self-filing come from eliminating attorney fees, which are the largest expense in most probate cases. Court filing fees, publication costs, and executor compensation remain the same whether an attorney is involved or not. The Arkansas probate calculator shows the attorney fee component.

The probate process in Arkansas typically involves filing the petition, notifying heirs and creditors, inventorying assets, paying debts, and distributing the remaining estate. Each step has specific court requirements and deadlines. The Arkansas estate settlement plan outlines every step from filing to final distribution.