US Probate Calculator
Arkansas Statutory Schedule (2026 Release)

Arkansas Probate Fee Calculator (2026)

Estimate attorney statutory fees, executor commissions, and court costs under Ark. Code Ann. § 28-48-108.

Fact-Checked & Verified
Statutory Authority: Ark. Code Ann. § 28-48-108
2026 Statutory Probate Costs Updated

Calculate Arkansas Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

50 States Supported
Before deducting debts
$
$10k $1M $2.5M $5M+
3. Asset Breakdown & Classification (Optional) Affects affidavit rules
$

Included in gross probate value

$

Trusts, POD accounts & 401ks

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of Arkansas Probate Laws & Fee Guidelines

In Arkansas, probate administration is governed under court-approved reasonable fee benchmarks pursuant to Ark. Code Ann. § 28-48-108. Local probate judges evaluate fiduciary and attorney compensation based on estate complexity, time expended, and customary county standards.

In Arkansas, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

Arkansas Legal Nuance & Key State Quirk

Arkansas circuit courts oversee probate matters, and claims against the estate must be filed within 6 months of the first published notice to creditors under Ark. Code Ann. § 28-40-111.

Arkansas Probate Process & Fee Schedule Overview

Arkansas probate administration is conducted under the jurisdiction of Circuit Court Probate Divisions pursuant to Ark. Code Ann. Title 28. Personal representative compensation is evaluated on a reasonable fee scale approved by the probate judge. Estates valued at $100,000 or less (excluding the homestead) qualify for simplified Small Estate Affidavit procedures under Ark. Code Ann. § 28-41-101.

Fee Calculation Type
sliding scale
Small Estate Limit
$100,000
Base Court Petition Fee
$350

Sample Arkansas Probate Fee Breakdown Table

Estimated statutory legal counsel rates, executor fees, and county filing costs across sample estate valuations under Ark. Code Ann. § 28-48-108.

Gross Estate Attorney Fee Executor Fee Court Cost Est. Total Cost Effective %
$100,000 $7,319.7 7.32%
$250,000 $17,546.96 7.02%
$500,000 $33,986.36 6.80%
$1,000,000 $64,592.42 6.46%
$2,000,000 $116,713.64 5.84%
$5,000,000 $200,350 4.01%

Executor & Personal Representative Commission Rules in Arkansas

The executor or administrator of an estate in Arkansas assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under Ark. Code Ann. § 28-48-108, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in Arkansas:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in Arkansas

Retaining experienced legal counsel is customary for formal probate in Arkansas. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $350 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in Arkansas require full court probate. If the total gross probate value is equal to or less than $100,000, beneficiaries may utilize Small Estate Affidavit to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in Arkansas include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries
Probate Assets (Fee Applicable)
  • • Real estate titled solely in decedent's name
  • • Bank accounts with no named POD beneficiary
  • • Vehicles, personal property, and collections
  • • Sole proprietorships & unincorporated businesses
Non-Probate Assets (Zero Court Fees)
  • • Assets transferred into a Revocable Living Trust
  • • Real property in Joint Tenancy with Survivorship
  • • 401(k), IRA & Life Insurance with beneficiaries
  • • Bank/Brokerage accounts with TOD/POD registrations

Arkansas Estate Probate Timeline & Procedure

Estate administration in Arkansas follows four primary procedural stages under Ark. Code Ann. § 28-48-108:

Step 1: Petition Filing & Letters

Filing initial petition with county probate court and obtaining formal Letters of Administration.

Step 2: Inventory & Appraisal

Cataloging estate assets and calculating gross fair market valuation for statutory rate assessment.

Step 3: Creditor Notice Window

Publishing mandatory legal notice and waiting for state statutory creditor claim windows to expire.

Step 4: Final Accounting & Distribution

Paying statutory commissions, filing court final accounts, and transferring net remainders to heirs.

Arkansas Estate & Inheritance Tax Rules

No Separate State Estate/Inheritance Tax

Arkansas does not levy an independent state estate tax or inheritance tax. Only the federal estate tax exemption ($13.61M+) applies to large estates.

Note on Tax vs Probate: Probate fees are court and attorney administrative charges, while estate/inheritance taxes are levied by state or federal departments of revenue.

Arkansas Executor 30-Day Action Checklist

Track your essential fiduciary duties step-by-step. Progress is saved automatically.

Frequently Asked Questions (Arkansas Probate)

How long does formal probate take in Arkansas?
Formal probate proceedings in Arkansas generally require 9 to 15 months, governed by the statutory 6-month window for creditor claims.
What is the Arkansas small estate threshold?
Arkansas allows estates valued up to $100,000 (excluding homestead property and statutory allowances) to be distributed using a Small Estate Affidavit without full court probate.
How are probate fees calculated in Arkansas?
In Arkansas, probate compensation is governed under Ark. Code Ann. § 28-48-108 using court-approved reasonable fee benchmarks. County probate judges evaluate attorney and executor fees based on administrative complexity, time expended, and standard county bar rates.
What is the small estate limit in Arkansas?
The small estate threshold in Arkansas is $100,000. Estates whose gross probate assets fall below this amount can bypass formal court administration using Small Estate Affidavit.
Are executor commissions mandatory in Arkansas?
Executors in Arkansas have a legal right to statutory compensation for fulfilling fiduciary duties. However, family member executors frequently choose to waive these fees because executor commissions are taxable as ordinary income, whereas direct inheritance is generally tax-free.
Which assets bypass probate in Arkansas?
In Arkansas, non-probate assets that transfer automatically without court involvement include assets held in a Revocable Living Trust, real property held in Joint Tenancy with Right of Survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement plans or life insurance policies with named living beneficiaries.

Essential Guides & Fiduciary Tools

Compare Other State Probate Fee Calculators

Statutory probate percentages, executor compensation caps, and small estate affidavit limits vary across US states:

Statutory Sources & Legal Reference

Statutory fee calculations for Arkansas are based on Ark. Code Ann. § 28-48-108 and local county probate court guidelines. Calculations assume an ordinary, uncontested estate administration. Contested probate litigation or extraordinary estate services may result in additional court-approved fees.

Disclaimer: US Probate Calculator is an educational estimation tool and does not provide legal representation. If you require legal advice or court representation, please consult a qualified estate planning attorney licensed in Arkansas.