Arkansas Probate Court Forms: Which Form to Use and When

The Arkansas Judiciary maintains 33 official probate forms. The county clerk's office will hand them to you and is legally prohibited from explaining which one you need or how to fill it out. That gap — between the blank forms and the knowledge to use them correctly — is where most pro se executors get stuck.

This guide explains the core forms, what each one does, and exactly when to file it.

The Two Paths and the Forms That Go With Each

Every Arkansas estate takes one of two routes before any forms get filed: the simplified small estate affidavit path (for estates valued under $100,000 net of homestead and encumbrances) or formal probate (everything else). The forms you need depend entirely on which path applies.

If you haven't yet determined which path your estate falls on, the Arkansas Probate Process Guide walks through the threshold calculation, the 45-day waiting rules, and the decision logic before you commit to any paperwork.

Forms for Formal Probate

Form 2 — Petition for Administration Without Will (Intestate)

Use Form 2 when the decedent died without a valid will. The petition establishes venue (the county where the decedent lived), lists all known heirs, and sets out the estimated value of the estate. The filer is typically the surviving spouse, an adult child, or any other interested party willing to serve as administrator.

The court uses this to open the estate and schedule a hearing to formally appoint an administrator.

Form 3 — Petition for Probate of Will and Appointment of Personal Representative (Testate)

Use Form 3 when the decedent left a will. It accomplishes the same basic function as Form 2 — opening the estate and requesting the court's appointment of a personal representative — but it also formally presents the will for admission to probate.

If the will does not contain a self-proving affidavit (a clause signed by the witnesses at the time the will was executed), you will also need to file Form 4 alongside Form 3.

Form 4 — Proof of Will

This affidavit is filed with Form 3 when the will lacks a self-proving clause. It requires sworn testimony or notarized statements from the original witnesses confirming they watched the testator sign and that the testator appeared to be of sound mind. Without this, the court cannot legally admit the will.

Form 6 — Bond of Personal Representative

Arkansas Code § 28-48-201 requires the personal representative to post a corporate surety bond unless the bond is waived. The conditions for waiver are narrow: the will must explicitly request no bond, the representative must be an Arkansas resident and all competent beneficiaries must file written waivers, or the representative is a bank or trust company.

Out-of-state executors almost always fail the residency requirement and are forced to purchase a non-refundable surety bond. Form 6 is the instrument filed with the court to document that bond.

Form 10 — Letters of Administration (Intestate)

Form 11 — Letters Testamentary (Testate)

These are the documents the court issues after the petition is approved, the oath is taken, and the bond is posted or waived. Form 10 applies when there is no will; Form 11 applies when there is one.

The Letters are the most critical output of the entire initiation phase. Banks, brokerage firms, title companies, and government agencies will not recognize your authority to act on behalf of the estate without them. Every third party you contact — from the social security administration to a title insurer — will ask to see certified copies.

Form 16 — Petition for Award of Statutory Allowances

This form allows the surviving spouse and minor children to petition the court to carve out their constitutionally protected allowances from the estate before general creditors can touch those assets. This includes a $4,000 personal property allowance and a two-month sustenance allowance of up to $1,000 per month for the spouse.

Filing Form 16 early is an important protective move in estates where creditor claims are significant or where the estate may be insolvent.

Form 17 — Inventory of Decedent's Estate

Under Arkansas Code § 28-49-110, the personal representative must file a complete inventory of all probate assets — with fair market values as of the date of death — within 60 days of appointment. Missing this deadline exposes the executor to judicial citation, potential removal, and forfeiture of statutory compensation.

The inventory must list financial accounts, real estate, vehicles, business interests, mineral rights, and any other probate assets. Non-probate assets (accounts with designated beneficiaries, jointly held property, assets transferred by beneficiary deed) are excluded.

Form 18 — Affidavit to Claim Against Estate

This is the form creditors must use to submit valid claims. It requires the creditor to swear under oath that the debt is accurate and that no offsets exist. As executor, you have authority to approve or reject claims filed on this form. Approved claims must be submitted to the court within 30 days after the six-month nonclaim period expires.

Form 20 — Accounting by Personal Representative

After the six-month creditor period closes and all valid debts are paid, Form 20 documents the complete financial history of the estate: all income received, gains or losses on asset sales, debts paid, and the proposed final distribution. The circuit clerk publishes notice of this filing, and all interested parties have 60 days to file objections. Anyone who does not object within that window is permanently barred from challenging the accounting.

The Small Estate Form

Form 23 — Affidavit for Collection of Small Estate by Distributee

If the estate's adjusted gross value does not exceed $100,000 (after excluding the constitutional homestead, statutory allowances, and encumbrances), Form 23 allows the distributees to collect assets without formal court appointment of a personal representative.

Two statutory requirements are often missed:

1. The 45-day wait. Distributees must wait at least 45 days from the date of death before filing Form 23 with the county clerk. Filing before that mark results in rejection.

2. The 30-day publication rule. If the estate contains real property, the distributees must publish notice of the decedent's death and the filing of the affidavit in a local newspaper within 30 days of the filing. This publication triggers a shortened three-month window for creditors to make claims against the real estate. Skipping this step leaves the title legally clouded — title companies will refuse to insure the property, often for years.

The $165 Filing Fee

Initiating formal probate in Arkansas Circuit Court carries a statutory filing fee of $165. The small estate affidavit generally costs $25 at the county clerk's office (slightly more in some counties, such as Garland County at $30).

If the county uses the eFlex electronic filing system — Pulaski County being the primary example — there is also a $20 electronic filing fee per new case and a $100 one-time attorney registration fee. Pro se filers are not exempt from the eFlex training and agreement requirements.

Why the Right Form Matters

Arkansas circuit clerks will reject filings that use the wrong form, contain incorrect formatting, or lack required attachments. A rejected Form 3 means your appointment is delayed. A rejected Form 23 means you restart the 45-day clock. A Form 17 filed after the 60-day window has already passed means you are in violation — the court can issue a citation demanding you appear and explain the delay.

The Arkansas Probate Process Guide maps each of these forms to the specific stage of administration where they're required and explains how the documents interact with each other across the full estate timeline.

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