Arkansas Probate Cost: Filing Fees and Statutory Compensation
Arkansas probate cost starts with a flat $165 circuit court filing fee, then adds publication, certified copies, bond, and the two figures that swing the total: statutory personal representative and attorney compensation.
Arkansas keeps the court-side cost of probate predictable. The hard charge to open an estate is a uniform statewide circuit court filing fee of $165 ($150 statutory base under Ark. Code § 21-6-403(b)(1) plus a $15 court technology fee under § 21-6-416), not a per-county schedule and not a value-based tax. The small estate affidavit path is cheaper still, at $25 to file plus $5 per certified copy.
The figures that actually move the total are statutory: personal representative compensation under § 28-48-108(a) and estate attorney compensation under § 28-48-108(d), each set on a value-bracket percentage scale. Arkansas imposes no probate tax, estate tax, or inheritance tax, so the death-transfer tax line is zero for the vast majority of families. Confirm the exact local figures with your county Circuit Clerk and the newspaper before relying on a number.
Quick Summary
The Arkansas estate filing fee is uniform statewide at $165 and counties may not add unauthorized filing fees. What does vary locally is the newspaper publication charge, certified copy and recording fees, and bond premiums, so confirm those with your county Circuit Clerk and the local newspaper before filing.
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate by Affidavit | $100,000 or less in all property owned at death, less encumbrances, excluding homestead and statutory allowances | $25 to file + $5 per certified copy | 45+ days after death | No | Smaller estates where no personal representative appointment is pending or granted |
| Full Administration (Testate) | No cap; used when a will needs to be admitted and an executor needs authority | $165 ($150 base + $15 technology fee) | 6 months to a year or longer | No statewide blanket requirement; commonly recommended | Estates with a will that need an executor with letters testamentary |
| Full Administration (Intestate) | No cap; used when there is no will and an administrator needs authority | $165 ($150 base + $15 technology fee) | 6 months to a year or longer | No statewide blanket requirement; commonly recommended | Estates with no will where an administrator needs letters of administration |
| Reopen a Closed Estate | When a closed cause of action must be reopened on the same parties and issues | $50 | Depends on the issue being reopened | Fact dependent | Newly discovered assets or unfinished business after an estate was closed |
Additional Costs to Expect
Personal Representative Compensation (Statutory)
Ark. Code § 28-48-108(a) caps personal representative compensation on the value of personal property fully administered. The percentages are statutory maximums the probate court may adjust, and many family members waive the fee. Additional reasonable compensation may be allowed for substantial real-property services.
Estate Attorney Compensation (Statutory)
Ark. Code § 28-48-108(d) sets a value-bracket attorney fee schedule on the estate value (first $5,000 at 5%, next $20,000 at 4%, next $75,000 at 3%, next $300,000 at 2.75%, next $600,000 at 2.5%, balance at 2%). The court may allow more or less if the schedule is excessive or insufficient. An estate handled without an attorney avoids this line.
Newspaper Publication / Notice to Creditors
Notice of the personal representative's appointment is published weekly for two consecutive weeks in a county newspaper. The first publication date starts the six-month creditor claim period (Ark. Code § 28-50-101). The newspaper sets the price.
Fiduciary Bond Premium
The court usually requires a surety bond unless the will waives it or all interested parties agree to waive it. The premium depends on the bond amount and the representative's credit.
Certified Copies and Death Certificates
The clerk charges $5 per certified copy of a recorded small estate affidavit. Arkansas Department of Health death certificates are about $10 for the first copy and $8 for each additional copy ordered at the same time; order several for banks and title companies.
Appraisal, Recording, and Tax Preparation
Real estate, business interests, or unusual personal property may need a valuation for the inventory, and recording deeds carries per-page county charges. A final income tax return may be needed, but Arkansas has no separate state estate or inheritance tax.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- Ark. Code Ann. §§ 21-6-403, 21-6-416, 28-41-101, 28-48-108, and 28-50-101
- Fee Source
- Arkansas statutory filing fees (uniform statewide) plus statutory compensation scales under Ark. Code § 28-48-108
- Last Verified
- 2026-06-15
- Notes
- The $165 estate filing fee and the $25 small estate affidavit fee are set by state statute and are uniform statewide; counties may not add filing fees beyond those authorized by state law. Personal representative and estate attorney compensation follow statutory percentage scales that are maximums the probate court may adjust for reasonableness. Newspaper publication and bond costs are set by the newspaper and surety, not the court.
Sources
- Ark. Code § 21-6-403, Circuit court clerk filing feesArkansas Code (Arkansas General Assembly), via Justia. Current statute, accessed June 15, 2026.
- Ark. Code § 21-6-416, Court technology feeArkansas Code (Arkansas General Assembly), via Justia. Current statute, accessed June 15, 2026.
- Ark. Code § 28-48-108, Compensation of personal representative and attorneyArkansas Code (Arkansas General Assembly), via Justia. Current statute, accessed June 15, 2026.
- Ark. Code § 28-41-101, Collection of small estates by distributeeArkansas Code (Arkansas General Assembly), via Justia. Current statute, accessed June 15, 2026.
- Filing Fee InformationArkansas Judiciary. Current court filing information, accessed June 15, 2026.
Frequently Asked Questions
How much does it cost to open probate in Arkansas?
The circuit court filing fee to open an estate is $165 statewide: a $150 statutory base under Ark. Code § 21-6-403(b)(1) plus a $15 court technology fee under § 21-6-416. It is a flat fee, not a percentage, so a $50,000 estate and a $5,000,000 estate pay the same to open. Counties may not add unauthorized filing fees.
What is the cheapest Arkansas probate path?
The small estate by affidavit under Ark. Code § 28-41-101 is the least expensive court path. It costs $25 to file plus $5 per certified copy, requires no personal representative appointment, and is available when the estate is $100,000 or less after encumbrances, homestead, and statutory allowances, and at least 45 days have passed since the death.
How are Arkansas personal representative fees calculated?
Ark. Code § 28-48-108(a) caps personal representative compensation at 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of the personal property fully administered. These are statutory maximums the probate court may adjust for reasonableness, and many family representatives waive the fee entirely.
How much does a probate attorney cost in Arkansas?
Ark. Code § 28-48-108(d) sets a statutory attorney fee scale on the estate value: 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, 2.5% of the next $600,000, and 2% of the balance. On a $300,000 estate that is about $8,800. The court may allow a different fee when the schedule is excessive or insufficient, and there is no requirement to hire an attorney.
Does Arkansas have an estate tax or inheritance tax?
No. Arkansas imposes no probate tax, no state estate tax, and no state inheritance tax. Beneficiaries do not pay an Arkansas tax on what they inherit. A final individual income tax return and, if the estate earns income, an Arkansas fiduciary income tax return can still apply, but those are separate from probate cost.
Are Arkansas probate fees the same in every county?
The court filing fees are. The $165 estate filing fee and the $25 small estate affidavit fee are set by state statute and are uniform across all 75 counties. What varies locally is the newspaper publication charge, certified copy and recording fees, and any bond premium, so confirm those with your county Circuit Clerk and the local newspaper.
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