Arkansas probate costs
How much probate actually costs, and how long it takes
Probate fees in Arkansas follow a statutory percentage schedule under Ark. Code Ann. 28-48-108, starting at 5 percent of the first $5,000 of the estate and stepping down from there, and an uncontested administration commonly takes six months to a year. This guide breaks down each cost with the state's own fee schedule and typical local figures: personal representative and attorney fees, the roughly $600 appraisal, required notice costs, and realistic timelines for a small estate versus a full administration. It does not cover the filing mechanics themselves, which our page on selling an inherited house in Arkansas already walks through.
By Tara Helgestad Updated Published 9 min read
6 to 12 months
a typical uncontested administration
If you inherited a house in Arkansas, one of the first real questions is what probate is going to cost and how long you will be waiting. Arkansas does not leave attorney and personal representative pay open ended. State law sets an actual percentage schedule for both, so the range is knowable before anyone starts the work.
This guide sticks to the numbers: what a personal representative and a probate attorney are typically paid under Arkansas law, what a required appraisal or legal notice usually costs, and how long each path through probate realistically takes. For the filing steps themselves, including the small estate affidavit and where a case gets opened, see our page on selling an inherited house in Arkansas.
Every figure below is a typical range, not a quote. The actual bill depends on the size of the estate, whether real property needs to be appraised, and whether anyone contests anything along the way.
What does it cost to open a probate case in Arkansas?
Opening a full probate estate in an Arkansas circuit court costs $165 in court fees. That is a $150 filing fee under Ark. Code Ann. 21-6-403(b)(1), plus a $15 court technology fee under 21-6-416(b)(2), which names the probate division. Both are set by state law, so those two fees are the same in every county.
One thing changes the number. A case opened through the court system's electronic filing system is charged another $20 under Administrative Order 21, and the courts do not refund it. Filing on paper at the clerk's counter is the $165 version. Ask whoever files for you which way it is going, because that is what decides which number is yours.
These are the court's own fees, and they are a small part of what probate costs. They do not cover the attorney, the required newspaper notice, or an appraisal. Certified copies of the letters cost $5 each. Reopening a case that was closed costs $50 when it involves the same people and the same issues, and the full $150 filing fee when it does not. If a court finds you cannot afford the filing fee, it can let you file without paying it.
A small estate affidavit is a different filing at a different price. It does not start a cause of action, so neither of those two fees applies to it. Filing one costs $25, plus $5 for each certified copy.
Does the estate have to file a federal estate tax return?
Most estates never file a federal estate tax return. What follows covers someone who was a United States citizen or lived here when they died.
For a death in 2026, you have to file that return, Form 706, only if the gross estate plus the taxable gifts the person made after 1976 comes to more than $15,000,000. An estate that lands right at $15,000,000 does not have to file. Those are the first two items on the IRS list, and there is a third that almost never applies, so work from the instructions for Form 706 rather than from memory. The $15,000,000 is for 2026 deaths and it rises with inflation in later years, so check the year of death. This test is about the estate tax return only. It does not tell you whether the estate has to file anything else.
There is a second reason to file, and it has nothing to do with the size of the estate. If the person who died left a surviving spouse, you can file a Form 706 to pass the unused exclusion to that spouse. Any estate can do this, no matter how small. It is a choice, not a requirement, and the return is due nine months after the date of death. You can ask for a six month extension. If that date has already passed, do not assume you are out of time, because the IRS has a simplified way to file late for estates that were never required to file. Ask a tax professional about it early either way.
Filing, or not filing, does not change the basis of an inherited house. It is generally the value on the date of death either way.
Who sets the value of the house, and what that number has to be
No tax rule makes you hire an appraiser to set an inherited house's date of death value. Federal law sets your starting basis at the house's fair market value on the date of death, and it does not name a method of proof. What Arkansas probate adds is not an appraiser. It is a written number. If the court opens an estate and appoints someone to run it, Ark. Code Ann. 28-49-110 gives that person two months from the day they take the job, or whatever time the court sets, to file an inventory with the court stating the fair market value of the property as of the date of death, signed under an affidavit that it is complete and accurate. If all of the heirs who are entitled to a share file a written waiver and the court sees no need for it, the inventory is not filed at all. A small estate affidavit asks for a valuation of the real property too. Neither one has to come from a licensed appraiser. The statute asks for the personal representative's own valuation.
Fair market value has a set meaning. Treasury regulations define it as the price a willing buyer and a willing seller would agree on when neither one is under any compulsion to act and both know the relevant facts. The same rule says plainly that it is not a forced sale price, and not a price taken from some market other than the one the property is normally sold in. Your county tax bill is not that number either. It is a property tax figure, not a market price.
If you sell three years later and the number matters, a value you wrote down at the time is worth far more than one you reconstruct from memory. And if the number is ever challenged, proving it is generally on you.
What probate costs and how long each stage takes
Arkansas breaks probate costs into a few clear pieces: required notice, appraisals, and personal representative and attorney fees. How long the whole thing takes depends on which path the estate takes.
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Required legal notice
Once a personal representative is appointed, Arkansas law requires notice of the appointment to be published once a week for two consecutive weeks in a newspaper with general circulation in the county. Arkansas probate attorneys report this required publication typically costs $170 to $250, though the newspaper sets its own price, and some estates pay as little as $50 or as much as $300. The cost is charged to the estate, not to the personal representative personally.
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Inventory and appraisals
The personal representative generally has to file an inventory of the estate within about two months of qualifying. Arkansas asks for the personal representative's own valuation of the fair market value, not a certified appraisal. Many estates still pay for an appraisal when a house is involved, and Arkansas appraisers typically charge around $600 to $675 per property. Household contents such as furniture, antiques, or jewelry are appraised separately, often billed by the hour starting around $150.
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Personal representative and attorney fees
Ark. Code Ann. section 28-48-108 sets a percentage-bracket fee schedule for both. A personal representative's fee runs 10 percent of the first $1,000 of personal property administered, 5 percent of the next $4,000, and 3 percent of the balance. Attorney fees follow a similar bracket schedule, starting at 5 percent of the first $5,000 and stepping down to 2 percent on anything above $1 million of the estate. A court can adjust either fee up or down if the scheduled amount does not match the actual work done.
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When fees are billed by the hour instead
Not every estate uses the percentage schedule. Arkansas probate attorneys who bill hourly typically charge $150 to $400 an hour, and the total depends on how much work the estate actually needs rather than a fixed formula.
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How long each path realistically takes
A small estate affidavit limited to personal property can realistically wrap up in a few weeks to about two months. If the affidavit also covers real property, plan on roughly four to six months because of the added notice step. A full, regular administration commonly takes six months to a year when nothing is contested, and one to three years or more when the estate is disputed or complicated.
Most of what probate costs in Arkansas comes from a percentage fee schedule set by state law, not an open negotiation, and most of what it takes is time rather than money. A simple estate can be done in a couple of months, while a full administration commonly runs six months to a year or longer.
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Questions this guide answers
How much does it cost to file probate in Arkansas?
Opening a full estate costs $165 in court fees: a $150 filing fee under Ark. Code Ann. 21-6-403(b)(1) and a $15 court technology fee under 21-6-416(b)(2). Both are set by state law, so they are the same in every county. A case opened through the court system's electronic filing system is charged another $20. A small estate affidavit is a different filing and costs $25, plus $5 for each certified copy. None of that covers the attorney, the required notice, or an appraisal.
How much does a probate attorney cost in Arkansas?
Arkansas sets a default percentage-bracket fee under Ark. Code Ann. section 28-48-108, starting at 5 percent of the first $5,000 of the estate and stepping down as the estate gets larger. Some attorneys bill by the hour instead, typically $150 to $400 an hour. A probate court can adjust the fee if the scheduled amount does not match the actual work involved.
Does the personal representative get paid?
Yes. Arkansas law sets a default fee of 10 percent of the first $1,000 of personal property the representative actually administers, 5 percent of the next $4,000, and 3 percent of the balance. A court can raise or lower that amount if it does not match the work involved, and additional pay is possible when the representative has to handle real property directly.
What does an appraisal cost during probate?
Arkansas does not require a certified appraisal of a house during probate. The statute asks for the personal representative's own valuation. If the estate pays for one anyway, a certified appraisal for a house or other real property typically runs about $600 to $675. Personal property such as furniture, antiques, or jewelry is appraised separately, often billed by the hour starting around $150.
How much does the required newspaper notice cost?
Arkansas law requires the personal representative's appointment to be published once a week for two consecutive weeks in a county newspaper. Attorneys who handle Arkansas probate report this typically costs $170 to $250, though the exact price depends on the newspaper and can run as low as $50 or as high as $300.
How long does probate actually take in Arkansas?
Commonly six months to a year for a full, uncontested administration. A small estate affidavit for personal property only can wrap up in a few weeks to about two months; add real property and plan on four to six months. Disputed or complex estates can run one to three years or longer.
This is general information about Arkansas law and typical costs, not legal, tax, or financial advice for your specific estate.
Sources
Where the figures and legal facts in this guide come from.
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