Educational guide — not legal advice. Laws and figures change; confirm current details with a licensed Arkansas attorney before relying on them.
The short answer
Arkansas is one of the states where the core probate fees are set by statute — fixed by law rather than negotiated. Here’s how those fees work, what else gets added on top, and the ways many families avoid full probate entirely.
Attorney fees
Attorney fees are set by a statutory tiered schedule under Ark. Code Ann. §28-48-108. Unless the attorney has a different contract, the fee is based on the total market value of the real and personal property reportable in the circuit court: 5% of the first $5,000; 4% of the next $20,000; 3% of the next $75,000; 2.75% of the next $300,000; 2.5% of the next $600,000; and 2% of all value above that. If the court finds the scheduled fee excessive or insufficient, it sets a fee commensurate with the value of the legal services rendered.
Executor / personal representative fees
The personal representative's compensation is capped by Ark. Code Ann. §28-48-108 at a sliding scale: 10% of the first $1,000, 5% of the next $4,000, and 3% of the balance of the value of the personal property passing through the personal representative's hands. Within those caps the court allows what it deems just and reasonable; additional compensation may be allowed for extraordinary services such as managing or selling real property.
What the fee is based on
Two different bases apply under §28-48-108. The executor percentage scale is computed on the value of personal property passing through (fully administered by) the personal representative — real estate is generally excluded from that base. The attorney percentage scale is computed on the total market value of both real and personal property reportable in the circuit court.
Court filing fees
Opening a regular estate (probate of will, administration, or 'no administration') is about $165 in the circuit court probate division. A small estate affidavit filing is about $25. Fees are collected at the county level, so budget extra for certified copies and the required newspaper publication of notice to creditors (~$100–$200).
Appraisal / probate referee
Arkansas does not use a statewide probate referee or appraiser system like California. The personal representative files an inventory (generally within two months of qualification) valuing the assets; the court may appoint appraisers if a valuation is contested or needed, but routine estates are valued by the personal representative with documentation.
How long probate takes in Arkansas
About 9 to 14 months for a routine, uncontested estate. The binding constraint is the six-month creditor claim period, which starts on first publication of the notice to creditors; the estate generally cannot close until that period runs and valid claims are settled. Contested estates, real-estate sales, or tax issues can extend this well beyond a year. Contested estates, missing heirs, or real estate sales can extend that.
How to skip full probate (or shrink the bill)
- Small-estate procedure. Under Ark. Code Ann. §28-41-101, heirs can collect a small estate by affidavit (no formal administration) if no personal representative has been appointed and at least 45 days have passed since death, and the value (less encumbrances) of all property — excluding the homestead and statutory allowances — does not exceed $100,000. The affidavit is filed with the probate clerk; if real property is included, notice must be published within 30 days of filing.
- Real-property shortcut. Real property can be handled within the small estate affidavit procedure under Ark. Code Ann. §28-41-101 (with the required published notice), and outside probate via a recorded beneficiary deed under §18-12-608.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Arkansas estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Arkansas’s small-estate thresholds, it’s worth talking to a licensed Arkansas estate attorney while you still have the option to plan.
Related reading
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in Arkansas — the state-specific avoidance playbook.
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How Long Does Probate Take in Arkansas? — the companion timeline guide for Arkansas.
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Will vs. Trust: Which Do You Need? — for Arkansas residents weighing whether a trust is worth it.
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Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Arkansas probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Arkansas courts or a licensed Arkansas attorney. Sources: Ark. Code Ann. §28-48-108, Ark. Code Ann. §28-41-101, Ark. Code Ann. §28-50-101, Ark. Code Ann. §18-12-608.