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
- Open an Estate
- $165$150 base + $15 technology fee
- Small Estate Affidavit
- $25+ $5 per certified copy, $100K or less
- Representative Fee
- 10%-3%Statutory max, § 28-48-108(a)
- Estate / Inheritance Tax
- $0Arkansas has none
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.
Typical Total Cost Ranges
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| 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.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Arkansas Medicaid estate recovery guide explains when that applies.