How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs

The Arkansas Petition for Probate of Will, known on the court system as Form 3: Petition for Probate of Will and Appointment of Personal Representative, is the document an interested person files to open a deceased person’s estate, prove the will is valid, and ask the court to name someone to manage the estate. You file it in the Circuit Court, Probate Division, in the county where your loved one lived, and it is governed by Ark. Code 28-40-107.

When this form is wrong, the whole estate stalls. A missing heir, a blank value box, or a venue mistake can bounce your filing, delay the appointment of a personal representative, and leave bills, homes, and bank accounts frozen for weeks. Most counties charge about $165 to open a general probate case, and that small fee buys the legal power to act for the estate, so getting the form right the first time matters.

Here is what you will learn in this guide:

• 📋 How to complete every section of Form 3 line by line, in plain English.
• 🧾 Which documents and numbers to gather before you open the form.
• 👨‍👩‍👧 Three full filled-out examples using real-life Arkansas scenarios.
• 🏛️ How and where to file, the fees, and what happens after the court receives it.
• ⚠️ The exact mistakes that get petitions rejected and how to dodge them.

What the Form Is and Who Must File It

Form 3 is Arkansas’s official tool for “probating” a will, which simply means asking a judge to declare the will legal and to put someone in charge of the estate. The form does two jobs at once. First, it admits the will to probate. Second, it asks the court to issue “letters testamentary,” the paper that gives the personal representative power to act. The Arkansas Supreme Court adopted these official probate forms under Administrative Order Number 12, so every county uses the same core form.

The person who files is usually the executor named in the will. Under Ark. Code 28-40-107(a), any “interested person” may petition, which includes a spouse, an adult child, a creditor, or a devisee named in the will. The person seeking to serve as personal representative must generally be at least 18 and not otherwise disqualified.

You must file Form 3 when the decedent left a valid will and owned property that does not pass automatically to someone else. Assets with named beneficiaries, like life insurance or a payable-on-death account, skip probate. A house held only in the decedent’s name, a solo bank account, or a car titled to the decedent usually forces probate. If the estate is small, you may qualify for a different, cheaper small-estate process instead, which can cost as little as $25 to file rather than the standard general-probate fee.

The agency that receives the form is the Circuit Clerk for the Probate Division in the proper county. The statute that requires the form’s contents is Ark. Code 28-40-107. Venue, meaning which county is correct, comes from Ark. Code 28-40-102. These pieces work together: the statute tells you what to write, the clerk tells you where to file, and the judge uses both to decide if your petition is complete.

Before You Start: Documents and Information You Need

Gather your paperwork before you open Form 3. Filling the form with documents in hand keeps you from guessing at dates, values, or addresses, and guessing is what gets petitions kicked back. Here is your pre-filing checklist.

• Certified death certificate. The court confirms the death is real and dates the case from it; without it, the clerk may refuse to open the file.
• The original signed will. The judge cannot admit a will to probate without the original; a photocopy forces a harder “lost will” path under Ark. Code 28-40-107(c)(6).
• Full legal name and last address of the decedent. This sets venue and identifies the estate; a wrong county sends you to the wrong court.
• Date and place of death. The statute requires it, and it starts the clock on creditor deadlines.
• List of heirs and devisees with ages and addresses. The court must notify them, so a missing heir can void later steps.
• Estimated value of real property. You must state real-estate value separately, and an empty box is a top reason petitions get rejected.
• Estimated value of personal property. Bank accounts, cars, and belongings are listed apart from real estate.
• Deeds, account statements, and title documents. These back up your value estimates and prove what the estate owns.
• The name and address of the proposed personal representative. The court needs to know exactly who is asking for letters.
• Filing fee, about $165. No fee, no filing, so bring a payment method the clerk accepts.

If any item is missing, the safest move is to wait and collect it. A petition filed without the original will or without a death certificate often gets a deficiency notice, and curing that notice can add two to four weeks to a process that already runs months.

Where to Get the Form and How to Access It

You get Form 3 from the Arkansas Judiciary’s Official Probate Forms page, where it is listed as “Form 3: Petition for Probate of Will and Appointment of Personal Representative.” The page hosts the full probate set, including Form 1 (Demand for Notice) and Form 4 (Proof of Will). Download the PDF, then either type into it or print and fill it by hand in black ink.

Because the forms are official statewide forms adopted under Administrative Order No. 12, the same Form 3 works in every Arkansas county, from Pulaski to Sebastian to Washington. That said, individual county clerks may attach a local cover sheet or a confidential information sheet, so check your county Circuit Clerk’s page before you file. Some larger counties, such as Pulaski, publish their own filing fee schedules online.

You can also pick up a paper copy at the County Clerk’s or Circuit Clerk’s office during normal hours, generally 8 AM to 5 PM, Monday through Friday. Clerks may hand you the form and explain which forms exist, but by law they cannot tell you how to answer the questions for your situation. If your loved one used the state “Wills for Safekeeping” program, you can retrieve the original will from the county clerk’s office before you file.

The form has no separate revision date printed on its face the way many agency forms do; it is maintained as part of the court’s standing official forms set. To be safe, always download a fresh copy from the court website the week you file so you have the current version rather than an old one saved on your computer.

Step-by-Step: How to Fill Out Form 3 Line by Line

Form 3 follows the order set by Ark. Code 28-40-107(c). Work top to bottom and do not skip a box, even one that looks blank or optional. Below, each part of the form gets its own walkthrough.

Caption: Court, County, and Estate Name

What it asks in plain English. The top of the form, called the caption, asks which court you are in, which county, and the name of the estate, written as “In the Matter of the Estate of [decedent’s name], Deceased.”

How to answer it. Write IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS, PROBATE DIVISION on the court line. Type the decedent’s full legal name in the estate line. Leave the case number blank, because the clerk assigns it when you file.

Example entry. Janet Boyd files for her late father, so she writes IN THE MATTER OF THE ESTATE OF ROBERT EARL BOYD, DECEASED.

Nuance or edge case. If the decedent used a nickname or a different name on some accounts, use the full legal name here and note the alias later as “also known as,” so the court order matches the will.

Common mistake and consequence. Filing in the wrong county is the classic caption error; if the decedent lived in Faulkner County but you write Pulaski, the court may dismiss or transfer the case, costing weeks.

Misconception. Many filers think they fill in the case number themselves; they do not, and writing a made-up number can confuse the clerk’s docketing.

Decedent Identity: Name, Age, Residence, Date and Place of Death

What it asks in plain English. This section asks who died, how old they were, where they lived, and when and where they died, as required by Ark. Code 28-40-107(c)(1).

How to answer it. Enter the full legal name, the age at death, the complete residence address, and the date and place of death. Use the death certificate as your source and match it word for word. Write dates as month, day, year.

Example entry. Robert Earl Boyd, age 74, residing at 215 Oak Lane, Conway, Faulkner County, Arkansas; died March 2, 2026, in Conway, Arkansas.

Nuance or edge case. If the decedent died in a hospital in another county or state but lived in Arkansas, the place of death is where they died, while residence stays where they truly lived.

Common mistake and consequence. Copying the residence wrong changes venue, and a venue error can send the whole petition to the wrong court and force a refile.

Misconception. People assume “residence” means where the person died; it means their permanent home, which controls which county hears the case.

Heirs and Devisees: Names, Ages, Relationships, Addresses

What it asks in plain English. This part asks you to list every heir and every devisee, their ages, how they relate to the decedent, and their addresses, per Ark. Code 28-40-107(c)(2).

How to answer it. List each person on a separate line. Include the relationship, such as spouse, son, or daughter, and a current mailing address. For minors, list the actual age so the court knows a guardian may be needed.

Example entry. Janet Boyd, age 46, daughter, 9 Maple Court, Conway, AR; Thomas Boyd, age 41, son, 88 River Road, Little Rock, AR.

Nuance or edge case. If you cannot find an heir after a real effort, the statute lets you list them “so far as they are known or can with reasonable diligence be ascertained,” so write “address unknown after diligent search” rather than leaving it blank.

Common mistake and consequence. Leaving out an heir means that person never gets notice, and an unnoticed heir can later reopen the estate and undo distributions.

Misconception. Filers think only people named in the will go here; you must list legal heirs too, even if the will leaves them nothing.

Probable Value of Real and Personal Property

What it asks in plain English. This is the money section, and it asks for the probable value of the estate, stated separately for real property and personal property, under Ark. Code 28-40-107(c)(3).

How to answer it. Put a dollar figure for real estate on one line and a dollar figure for everything else, like cash, cars, and belongings, on another. Use honest estimates from recent statements, tax assessments, or appraisals.

Example entry. Real property: $185,000. Personal property: $42,500.

Nuance or edge case. If you only have a rough idea, write “approximately” before the figure; the court expects a good-faith estimate, not a sworn appraisal at this stage.

Common mistake and consequence. Combining the two values into one box violates the statute’s “stated separately” rule, and the clerk may flag the petition as deficient.

Misconception. Many believe the value must be exact to the penny; it does not, but it must be a sincere estimate, since a wildly low number can raise red flags later.

Out-of-State Decedent: Description of Arkansas Property

What it asks in plain English. If the decedent did not live in Arkansas, this section asks for a general description of the property located in each Arkansas county and its value, per Ark. Code 28-40-107(c)(4).

How to answer it. Describe the Arkansas property by county and type, then give a value. If the decedent lived in Arkansas, write “Not applicable” so the box is not left empty.

Example entry. 40 acres of farmland in Benton County, Arkansas, valued at $120,000.

Nuance or edge case. A non-resident may own property in two Arkansas counties; list each county separately so the court can confirm venue and jurisdiction over each parcel.

Common mistake and consequence. Skipping this when the decedent lived out of state breaks the venue chain under Ark. Code 28-40-102, and the court may question whether it can act.

Misconception. Resident filers think they must fill this in anyway; they should write “Not applicable,” which is cleaner than leaving it blank.

Venue Facts Under Section 28-40-102(a)(4)

What it asks in plain English. If your venue rests on the catch-all rule in Ark. Code 28-40-102(a)(4), this section asks you to state the facts that prove the chosen county is correct, per Ark. Code 28-40-107(c)(5).

How to answer it. Explain why this county fits, such as the county where the property sits. If venue is simply the residence county, write “Venue is based on the decedent’s residence” and move on.

Example entry. Venue is proper in Benton County because the decedent’s only Arkansas real property is located there.

Nuance or edge case. This box matters most for non-residents and for estates where the person had no fixed Arkansas home but owned Arkansas land.

Common mistake and consequence. Choosing a county for convenience without stating the facts can draw a venue challenge that pauses the case.

Misconception. Filers assume venue is automatic; for unusual estates, you must spell out the facts that justify the county.

If the Will Is Not Filed: Contents of the Will

What it asks in plain English. If the decedent died with a will but the original is not filed with the petition, this section asks for the will’s contents, under Ark. Code 28-40-107(c)(6).

How to answer it. Attach a copy of the will if you have one. If the will is lost, destroyed, or suppressed, write a statement of its provisions as far as you know them. When you file the original will, write “Original will filed herewith.”

Example entry. The decedent’s original Last Will and Testament dated June 12, 2019, is filed with this petition.

Nuance or edge case. A lost-will case is harder and usually needs extra proof, like witness testimony, so consider legal help if the original cannot be found.

Common mistake and consequence. Filing a copy without explaining why the original is missing can lead the judge to refuse to admit the will.

Misconception. People think a photocopy is always good enough; Arkansas strongly prefers the original, and a copy triggers added scrutiny.

Nominated Executors: Names and Addresses

What it asks in plain English. This section asks for the names and addresses of the people the will names as executors, per Ark. Code 28-40-107(c)(7).

How to answer it. Copy the executor’s name exactly as written in the will and add a current address. If the will names an alternate, list them too in case the first choice cannot serve.

Example entry. The will nominates Janet Boyd, 9 Maple Court, Conway, AR, as executor, and Thomas Boyd as alternate.

Nuance or edge case. If the named executor has died or declines, note that, and the court can appoint the alternate or an administrator with the will annexed.

Common mistake and consequence. A mismatch between the executor name here and the name in the will can stall the issuance of letters testamentary.

Misconception. Some think anyone can be named here; only the person the will actually nominates belongs in this box.

Person Seeking Appointment: Name, Address, Relationship

What it asks in plain English. This section asks who is asking to be appointed personal representative, their address, their relationship to the decedent, and why they qualify, under Ark. Code 28-40-107(c)(8).

How to answer it. Enter the proposed representative’s full name, mailing address, and relationship, such as daughter or surviving spouse. State the basis for appointment, usually that the will nominates this person.

Example entry. Janet Boyd, 9 Maple Court, Conway, AR, daughter of the decedent, prays for letters testamentary as the executor named in the will.

Nuance or edge case. A non-resident representative may have to appoint a resident agent for service of process, so note that if you live out of state.

Common mistake and consequence. Failing to state why you qualify can leave the judge without a basis to grant letters, delaying your authority to act.

Misconception. Filers assume being named in the will is enough; you still must formally pray for letters in this section.

Prayer for Relief and Signature

What it asks in plain English. The closing asks the court to admit the will and appoint the representative, then asks you to sign, often before a notary, to swear the facts are true.

How to answer it. Read the prayer language, sign with your full legal name, print your name and address beneath, and date it. If the form calls for a notary or verification, sign in front of the notary.

Example entry. Signed: Janet Boyd. Date: April 1, 2026. Address: 9 Maple Court, Conway, AR.

Nuance or edge case. If two people petition together, both should sign, and each should print their information.

Common mistake and consequence. An unsigned or un-notarized petition is not valid, and the clerk will reject it on sight.

Misconception. People think a printed name counts as a signature; the court needs a real signature, and where required, a notary’s seal.

Three Filled-Out Examples Using Real Scenarios

These three scenarios show how different families complete Form 3 from start to finish. Each follows one named filer through the key sections.

Scenario 1: Janet Boyd, simple estate with a house and named executor. Janet’s father lived in Conway, left a clear will naming her as executor, and owned a home and a bank account.

Form Section	What Janet Enters
Court and county	Circuit Court of Faulkner County, Arkansas, Probate Division
Estate name	In the Matter of the Estate of Robert Earl Boyd, Deceased
Decedent identity	Age 74; 215 Oak Lane, Conway; died March 2, 2026, in Conway
Heirs and devisees	Janet Boyd, 46, daughter; Thomas Boyd, 41, son
Real property value	$185,000
Personal property value	$42,500
Out-of-state property	Not applicable
Will status	Original will dated June 12, 2019, filed herewith
Nominated executor	Janet Boyd, 9 Maple Court, Conway, AR
Person seeking appointment	Janet Boyd, daughter, prays for letters testamentary

Scenario 2: Marcus Reed, out-of-state decedent with Arkansas land. Marcus’s aunt lived in Texas but owned farmland in Benton County, Arkansas, and named him executor.

Form Section	What Marcus Enters
Court and county	Circuit Court of Benton County, Arkansas, Probate Division
Estate name	In the Matter of the Estate of Doris Reed, Deceased
Decedent identity	Age 81; resided in Dallas, Texas; died January 8, 2026
Heirs and devisees	Marcus Reed, 52, nephew; Carla Reed, 49, niece
Real property value	$120,000 (Arkansas farmland)
Personal property value	$5,000
Out-of-state property description	40 acres of farmland in Benton County, valued at $120,000
Venue facts	Venue proper in Benton County; only Arkansas property located there
Will status	Original will dated 2021 filed herewith
Person seeking appointment	Marcus Reed, nephew and named executor, prays for letters

Scenario 3: Aisha Carter, copy of a will because the original is missing. Aisha’s mother died in Little Rock, and the family can only find a photocopy of the will.

Form Section	What Aisha Enters
Court and county	Circuit Court of Pulaski County, Arkansas, Probate Division
Estate name	In the Matter of the Estate of Linda Carter, Deceased
Decedent identity	Age 68; 410 Pine Street, Little Rock; died February 14, 2026
Heirs and devisees	Aisha Carter, 39, daughter; Devon Carter, 35, son
Real property value	$150,000
Personal property value	$30,000
Will status	Original lost; copy attached; provisions stated per 28-40-107(c)(6)
Statement of will contents	Will dated 2018 leaves all property equally to two children
Nominated executor	Aisha Carter, named in the copy of the will
Person seeking appointment	Aisha Carter, daughter, prays for letters with extra proof of lost will

How to File the Completed Form

You file Form 3 with the Circuit Clerk, Probate Division, in the decedent’s county of residence. Below are the channels Arkansas filers commonly use, with what to expect from each.

In person. Take the original signed petition, the original will, and the certified death certificate to the county Circuit Clerk’s office, open about 8 AM to 5 PM, Monday through Friday. The general probate fee is about $165, and small-estate filings can be $25. Clerks accept cash, check, money order, or credit card. Ask for a file-stamped copy as your proof of filing.

By mail. Many counties let you mail the petition and supporting papers to the Circuit Clerk’s mailing address with a check or money order for the fee. Include a self-addressed stamped envelope and a request for a file-stamped copy returned to you. Processing takes longer by mail, so allow extra days before the clerk dockets the case.

Electronic filing. Arkansas uses an electronic filing system for many courts, and some counties accept or require e-filed probate documents through the state’s eFiling portal. Attorneys most often use this channel, but check your county to see if pro se e-filing is open. The fee is the same, paid online, and your proof of filing is the electronic confirmation receipt.

By fax. Fax is not a standard probate filing channel in Arkansas, and most clerks will not accept an original will by fax. If a clerk allows fax for limited documents, confirm first, then follow up with the originals, since the court needs the actual signed will and certified death certificate.

Whatever channel you use, keep a complete copy of everything you file and the proof of filing. That stamped copy is what you show banks and other institutions until your formal letters arrive.

What Happens After You File

After you file, the court sets a hearing and you begin the notice steps. The personal representative must publish notice to creditors in a widely distributed local newspaper, once a week for two consecutive weeks, and must contact known creditors directly within about 30 days. This notice gives creditors a window to file claims against the estate.

The judge reviews the petition, and if the will is valid and the petition is complete, the court admits the will and issues letters testamentary. Those letters are your legal proof of authority. With them, you can open an estate bank account, collect assets, and deal with banks and the county. If the original will is missing or a will is contested, the court may hold a fuller hearing before ruling.

From there, the estate moves through claims, asset collection, and accounting. The representative reviews creditor claims, approves or denies them, and pays valid debts from estate funds. A denied claim can lead to its own court hearing. The representative holds a fiduciary duty, meaning a legal duty of honesty and care toward the estate and the heirs.

The case closes after the representative files a final accounting for the judge to approve and then distributes what is left under the court’s order. Arkansas probate often takes several months and can run longer for large or disputed estates. If the representative distributes property before approval or against the order, heirs may file a breach claim, so wait for the court’s sign-off.

Mistakes to Avoid When Filling Out the Form

• Filing in the wrong county. The court may dismiss or transfer the case, costing you weeks of delay.
• Combining real and personal property values. This breaks the “stated separately” rule and gets the petition flagged as deficient.
• Leaving the property value boxes blank. An empty value box is a top reason clerks bounce a petition.
• Omitting an heir. An unnoticed heir can reopen the estate later and unravel distributions.
• Filing a copy of the will without explanation. The judge may refuse to admit a will when the original is missing and unexplained.
• Forgetting to sign or notarize. An unsigned or un-notarized petition is invalid and rejected on sight.
• Using a nickname instead of the legal name. Name mismatches between the will and the order delay letters.
• Skipping the out-of-state property description. This breaks venue for non-resident decedents.
• Naming the wrong person as executor. Listing someone the will did not nominate stalls the appointment.
• Failing to pray for letters. Without the prayer for appointment, the judge has no basis to grant your authority.
• Guessing at the date or place of death. A wrong date can scramble creditor deadlines tied to the case.
• Not keeping a file-stamped copy. Without proof of filing, you cannot show banks you have a pending case.

Do’s and Don’ts

Do:

• Download a fresh copy of Form 3 the week you file, so you have the current version.
• Match every name and date to the death certificate and the will, because the court cross-checks them.
• State real and personal property values separately, as Ark. Code 28-40-107(c)(3) demands.
• List every heir and devisee, even those left nothing, so notice is complete.
• File in the decedent’s county of residence to fix venue correctly.
• Keep a file-stamped copy as your proof of filing until letters arrive.

Don’t:

• Don’t file a photocopy of the will without explaining why the original is missing, or the judge may reject it.
• Don’t leave any value box blank, since blanks read as incomplete to the clerk.
• Don’t sign without a notary if the form requires verification, because an un-notarized petition is invalid.
• Don’t guess at heir addresses; write “address unknown after diligent search” if you truly cannot find one.
• Don’t distribute estate property before the court approves, or heirs may sue for breach.
• Don’t rely on the clerk for legal advice; clerks can explain forms but cannot tell you how to answer them.

Pros and Cons of Filing on Your Own vs. With Help

Filing Pro Se (On Your Own)	Filing With an Attorney
Saves attorney fees, which keeps more money in the estate.	Adds cost, but fees often come from estate funds, not your pocket.
You control the pace and learn the process firsthand.	The lawyer manages deadlines, so you avoid missed notice steps.
Works well for simple estates with a clear will and few assets.	Best for large, blended, or disputed estates with higher risk.
You avoid waiting on a third party’s schedule.	A pro spots venue, value, and heir errors before the clerk does.
Fine when all heirs agree and nothing is contested.	Strong protection if an heir objects or the will is challenged.
You build direct relationships with the clerk’s office.	Eases the burden during grief, since the lawyer carries the load.

FAQs

Who can file the Arkansas Petition for Probate of Will?

Yes, any “interested person” under Ark. Code 28-40-107 can file, including a spouse, adult child, devisee, or creditor, not only the named executor.

Do I file in the county where my loved one died?

No, you file in the county where the decedent lived, not where they died, because venue follows residence under Ark. Code 28-40-102.

How much does it cost to file?

Yes, there is a fee, generally about $165 for general probate, while small-estate filings can run as low as $25, paid by cash, check, money order, or card.

Do I write the case number at the top of the form?

No, you leave the case number blank, because the clerk assigns it when you file the petition.

Do I list real and personal property value together in one box?

No, you must state them separately, since Ark. Code 28-40-107(c)(3) requires real and personal property values on different lines.

Do I list heirs who get nothing under the will?

Yes, you list all legal heirs and devisees, even those left nothing, so the court can give everyone proper notice.

Can I file with a photocopy of the will?

No, Arkansas strongly prefers the original; a copy forces the lost-will path with extra proof under Ark. Code 28-40-107(c)(6).

Do I need the death certificate to file?

Yes, you need a certified death certificate, because the court uses it to confirm the death and date the case.

What do I write in the out-of-state property box if my loved one lived in Arkansas?

No entry value is needed; write “Not applicable” so the box is not left blank.

Do I need a notary to sign the petition?

Yes, if the form calls for verification, you sign before a notary, because an un-notarized petition is invalid.

Can the clerk tell me how to fill out the form?

No, clerks can explain which forms exist but cannot give legal advice about how to answer the questions for your case.

How long does Arkansas probate take after I file?

Yes, it takes time, usually several months, and longer for large or contested estates, with creditor notice published weekly for two consecutive weeks.

Do I need Form 4 if there is a will?

Yes, you complete Form 4, Proof of Will, which needs witness signatures, and missing those signatures can get your filing denied.

Can a person living out of state serve as personal representative?

Yes, a non-resident may serve but often must appoint an Arkansas resident agent for service of process, so note that in the petition.