Arkansas Probate Court Filing Fees: What You Will Pay

Before you file anything in an Arkansas circuit court, you need to know exactly what it will cost. Probate filing fees in Arkansas are set by statute, but there are enough separate charges — and county-level variations — that the total can be higher than the single number families expect when they first look up the filing fee.

The Base Circuit Court Filing Fee

Initiating a formal probate proceeding in Arkansas — filing a Petition for Probate of Will (Form 3) or a Petition for Appointment of Administrator (Form 2) — requires a $165 filing fee payable to the circuit clerk at the time of filing.

This fee applies statewide. The $165 covers the case initiation regardless of the estate's value or complexity. It does not cover subsequent filings, recording fees, or publication costs — those are separate charges.

The eFlex Electronic Filing Surcharge

Arkansas counties that use the eFlex or CourtConnect electronic filing systems impose additional fees on top of the base filing fee. Pulaski County (Little Rock) and Benton County (Fayetteville) are the most significant examples.

In eFlex counties, every new case initiation is assessed an additional $20 electronic filing fee. Attorneys filing through eFlex must also pay a one-time $100 registration fee to the Arkansas Bar Association to activate their account. For self-represented (pro se) filers using eFlex, the same $100 registration applies.

If you are filing in a rural county that still accepts paper filings at the clerk's office, you avoid the electronic surcharge. Call the circuit clerk's office before you file to confirm whether electronic submission is required.

Small Estate Affidavit Filing Fee

For estates that qualify for simplified administration under A.C.A. § 28-41-101 (net value under $100,000, excluding homestead and statutory allowances), the filing fee is approximately $25. This is the cost of filing Form 23 — the Affidavit for Collection of Small Estate by Distributee — with the county circuit clerk.

Some counties charge slightly more. Garland County, for example, charges $30 for the small estate affidavit. The statewide variation is modest but worth confirming with your county clerk before you arrive.

The small estate route also carries a mandatory 45-day waiting period from the date of death. You cannot file Form 23 earlier than 45 days after death — the circuit clerk will reject it as premature.

Death Certificate Costs

Certified death certificates are not technically a court filing fee, but they are required to initiate any probate proceeding and must be factored into your budget. The Arkansas Department of Health charges:

• $10.00 for the first certified copy
• $8.00 for each additional copy ordered at the same time

The initial $10 is non-refundable even if the record is not located. Order multiple copies at once — the court, financial institutions, the DFA for vehicle transfers, and life insurance carriers all require original certified copies. Ordering them separately later costs more than ordering in bulk up front.

County Recording Fees

Once the estate is administered and property is distributed, transferring real estate title requires recording a Deed of Distribution or similar instrument with the county recorder where the property is located. Arkansas Code § 21-6-306 establishes uniform recording fees statewide:

• $15 for the first page
• $5 for each additional page

These fees apply to all recorded instruments: deeds of distribution, beneficiary deeds, affidavits of heirship, affidavits of affixation for manufactured homes, and any lien releases necessary to clear title.

Newspaper Publication Costs

Formal probate requires the executor to publish a Notice of Appointment in a local newspaper. This is not a court fee, but it is a mandatory cost of administration. Arkansas law caps the newspaper's publication rate for outlets with less than 5,000 circulation at half the standard legal rate under Ark. Code § 1-3-107. In rural counties, this keeps publication costs relatively low.

For small estate affidavit cases involving real property, publication is required within 30 days of filing the affidavit. Failure to publish in that window means the shortened three-month creditor bar is never triggered, leaving real estate titles exposed to potential long-term creditor claims.

Appraisal and Professional Fees

For estates requiring formal inventory (due within 60 days of appointment), real estate, mineral rights, closely held businesses, and unique personal property must be appraised at fair market value as of the date of death. Appraisers are not paid by the court — these are estate expenses. Real estate appraisals in Arkansas typically run $300–$600. Mineral rights appraisals involving oil, gas, or brine interests require specialized petroleum engineers or landmen and cost considerably more.

What You Won't Pay in Arkansas (No Inheritance or Estate Tax)

Arkansas does not impose a state-level estate tax or inheritance tax. There is no Arkansas estate tax return and no Arkansas inheritance tax filing requirement. The only tax exposure for Arkansas estates is federal estate tax, which applies only to estates with gross assets exceeding the federal exemption threshold (currently over $13 million per individual). The overwhelming majority of Arkansas estates have no federal tax liability.

Total Cost Estimate by Route

For a quick-reference estimate of total court-related costs by pathway:

Small estate affidavit (no real property involved):

• $25 filing fee
• $10–$30 for certified death certificates (at least 2–3 copies)
• Total court/admin costs: under $100 in most cases

Small estate affidavit (real property included):

• $25 filing fee
• Death certificates: $10–$30
• Publication costs: $40–$120 (varies by county and paper)
• Recording fees: $15–$40 depending on document length
• Total: typically $100–$200

Formal probate:

• $165 circuit court filing fee
• eFlex surcharge if applicable: $20 (+ $100 registration for first-time filers)
• Death certificates: $10–$50 depending on number needed
• Surety bond premium: 0.5%–1% of estate value annually (unless waived)
• Publication costs: $40–$120
• Appraiser fees: $300+ for real estate
• Attorney fees: statutory maximum starting at 5% of the first $5,000 of estate value, scaling down
• Total: variable, but professional administration of a $250,000 estate typically runs $10,000–$16,000 in combined fees and costs

For families evaluating whether to self-administer or hire a probate attorney, these numbers are the starting point. The Arkansas Probate Process Guide provides a complete breakdown of each phase of estate administration — including exactly when each fee is due, which forms trigger which charges, and how to minimize cost while staying in full compliance with Arkansas law.

See more Arkansas guides →