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How Much Does Probate Cost in Arkansas
ComparisonArkansas10 min read

How Much Does Probate Cost in Arkansas

Arkansas probate cost explained: the $165 circuit clerk filing fee, newspaper publication, statutory representative and attorney fees, bond, and no state estate tax.

By Settled Editorial

Most families overestimate the Arkansas probate cost before they ever open a case. National calculators describe probate as a percentage machine that eats five figures, but the hard court charge in Arkansas starts with a flat circuit clerk filing fee of $165 to initiate a probate or estate case ($150 statutory base under § 21-6-403(b)(1) plus a $15 court technology fee under § 21-6-416). (Source: Ark. Code 21-6-403; Ark. Code 21-6-416.) On top of that sit a newspaper publication charge, possible bond premium, certified document costs, and the two figures that swing the total the most: personal representative compensation and attorney fees. Both of those run on statutory percentage schedules you can estimate in advance.

Use this as a planning map, not legal advice. Each county circuit clerk and each newspaper sets its own line-item charges, so confirm the exact figures for your county before you rely on a number. Arkansas also has no separate state estate tax or inheritance tax, which keeps the picture lighter than many people expect.

The Short Answer

For a typical Arkansas estate, the court-side cost is modest and predictable. The fees that scale are the representative and attorney percentages, and both are capped by statute. Walk a $300,000 estate through the main charges:

CostWhat it isRough figure on a $300,000 estate
Circuit clerk filing feeFlat fee to initiate the case$165 ($150 base + $15 tech fee)
Newspaper publicationNotice to creditors, two consecutive weeksOften $50 to $300, set by the paper
Personal representative compensationStatutory percentage on personal property administeredDepends on personal property value
Attorney feeStatutory percentage on total estate value, if counsel is hiredAbout $8,800 on a $300,000 estate
Fiduciary bond premiumRequired unless waivedA small annual percentage of the bond amount
Certified death certificatesArkansas Department of Health, division of recordsAbout $10 each

So the pure court charge stays in the low hundreds. The real swing is whether the representative claims a fee and whether the estate hires an attorney. Let's break down each one. The Arkansas probate guide covers the full process these fees attach to.

The Circuit Clerk Filing Fee

Arkansas runs probate through the circuit court, probate division, in the county where the person lived. The clerk charges a single flat fee to open the case. The statutory base filing fee for initiating a cause of action in circuit court is $150 under § 21-6-403(b)(1), and a $15 court technology fee under § 21-6-416 is added for probate division filings, so the commonly collected total to open an estate is $165. It applies to probate matters through the county clerk who serves as ex officio clerk of the probate division. (Source: Ark. Code 21-6-403; Ark. Code 21-6-416.)

Two facts keep this charge simple:

  • The fee is flat, not a percentage. A $50,000 estate and a $5,000,000 estate pay the same $165 to open.
  • No portion of the filing fee gets refunded once the case is filed. (Source: Ark. Code 21-6-403.)

Reopening a closed case costs $50. The statute also bars a county from charging extra filing fees beyond what state law authorizes, so the opening charge stays consistent across all 75 counties. (Source: Ark. Code 21-6-403.) Certified copies of court documents and recorded papers carry small per-page fees on top, which you order as you need them.

Newspaper Publication Cost

After the court appoints the representative, the law requires a published notice of appointment to creditors. The representative publishes that notice weekly for two consecutive weeks in a newspaper in the county. (Source: Ark. Code 28-40-111.)

The newspaper sets this price, not the court. The cost depends on the paper and the length of the notice, and it often lands somewhere between $50 and $300. Keep the publisher's proof of publication, because the date of first publication is the date the six-month creditor claim period counts from. The Arkansas probate timeline guide shows how that publication date anchors the rest of the calendar, and the Arkansas creditor claims guide explains what creditors can file during the window.

Personal Representative Compensation

This is the first of two figures that move the total. Arkansas sets a statutory cap on what the personal representative can be paid, and the court must find the amount just and reasonable. The compensation is not to exceed 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of the value of the personal property that passes through the representative's hands and is fully administered. (Source: Ark. Code 28-48-108.)

Work the math on the personal property side at a few values:

Personal property administeredMaximum representative fee (about)
$50,000About $1,650
$100,000About $3,150
$250,000About $7,650

The court can allow added compensation when the representative handles real property work for the estate, with the amount set by the court based on the work and the value involved. (Source: Ark. Code 28-48-108.) The court can also reduce or decline a fee when the representative fails to file a required account or perform other duties after being cited to do so. (Source: Ark. Code 28-48-108.)

Many family members who serve as personal representative waive the fee, which removes this cost from the estate entirely. Remember that the representative is the person who actually takes possession of the estate's personal property and administers it, subject to spousal and family allowances. (Source: Ark. Code 28-49-101.) The Arkansas probate guide lays out the duties that compensation reflects.

Attorney Fees

The second swing figure is the attorney fee, and Arkansas gives it a statutory schedule too. If the representative hires legal counsel, the attorney is allowed a fee based on the total market value of the real and personal property reportable in the circuit court, unless the parties contract for a different arrangement. The schedule runs in tiers. (Source: Ark. Code 28-48-108.)

Portion of estate valueStatutory attorney rate
First $5,0005%
Next $20,0004%
Next $75,0003%
Next $300,0002.75%
Next $600,0002.5%
All value above $1,000,0002%

Run a $300,000 estate through it. You get $250 on the first $5,000, $800 on the next $20,000, $2,250 on the next $75,000, and $5,500 on the remaining $200,000, for about $8,800 total. Notice the difference from the representative schedule: the attorney fee counts real property and personal property together, while the representative fee counts only personal property administered.

The schedule is a default, not a ceiling carved in stone. When the court finds the scheduled fee either too high or too low for the work, it allows a fee that matches the value of the legal services rendered. (Source: Ark. Code 28-48-108.) An estate that handles its own paperwork and skips an attorney avoids this line entirely. Many smaller and straightforward estates do exactly that.

Bond, Appraisals, and Other Costs

A handful of smaller costs round out an Arkansas estate budget:

  • Fiduciary bond premium. The court usually requires the personal representative to post a bond unless the will waives it or all interested parties agree to waive it. The premium is a small annual percentage of the bond amount, paid to a surety company while the bond stays in force.
  • Certified death certificates. The Arkansas Department of Health charges about $10 per certified copy. Order several, since banks and title companies each want their own.
  • Appraisal or valuation. Real estate, a business interest, or unusual personal property may need a professional valuation for the inventory. When authorized, the court approves appraiser and accountant fees as administration expenses. (Source: Ark. Code 28-48-108.)
  • Recording fees. Transferring real property or filing certain documents with the county carries modest per-page recording charges.

None of these is a percentage that scales into the thousands, so they stay controllable. The Arkansas how-to-avoid-probate guide covers transfer methods that skip these charges for assets that qualify.

No Arkansas Estate Tax or Inheritance Tax

This is the reassurance that surprises most readers. Arkansas has no separate state estate tax and no state inheritance tax for current years. Beneficiaries do not pay an Arkansas tax on what they inherit, and the estate does not owe a state transfer tax at death.

A few tax tasks can still apply, and they are separate from probate cost:

  • A final individual income tax return for the person who died, both federal Form 1040 and any required Arkansas return.
  • An Arkansas fiduciary income tax return if the estate earns income during administration. (Source: Arkansas Department of Finance and Administration, Individual Income Tax.)
  • A federal estate tax return only for very large estates above the federal exclusion amount, which most estates never reach. (Source: IRS, Estate Tax.)

So for the vast majority of Arkansas families, the death-transfer tax line is zero. The Arkansas intestate succession guide explains who inherits when there is no will, and the Arkansas will requirements guide covers what a valid will needs.

How to Estimate Your Own Number

Work through this short checklist to size the cost for a specific estate:

  1. Add up the probate assets, the property that passes through the estate rather than by survivorship, beneficiary form, or trust.
  2. Add the flat $165 circuit clerk filing fee ($150 base plus the $15 court technology fee).
  3. Add a publication charge, often $50 to $300, set by the county newspaper.
  4. Decide whether the personal representative will claim a fee. If so, apply 10% to the first $1,000 of personal property, 5% to the next $4,000, and 3% to the rest.
  5. Decide whether you will hire an attorney. If so, apply the tiered schedule to the combined real and personal property value.
  6. Add a bond premium, certified death certificates, and any appraisal or recording fees.

Start with the Arkansas first steps guide to organize records, then find your county filing office through the Arkansas courts directory. Confirm the local figures before you file, since the circuit clerk and the county newspaper hold the exact numbers for your case.

This guide is general information about Arkansas estates. It is not legal advice. Confirm anything that affects your situation with the circuit court clerk, the probate division, or a licensed Arkansas attorney.

Sources

Prefer to talk it through? Connect with a probate attorney

Settled Estate is not a law firm and does not give legal advice.

Information current as of June 14, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arkansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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