How to Request and Schedule a Probate Hearing in Arkansas When None Is Set

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When you file an estate‐administration petition in Arkansas and no hearing date appears on the docket, you must take action to prompt the court. Arkansas circuit courts handle probate matters under the Arkansas Probate Code (Title 28, Subtitle 4). Follow these steps:

Prepare and File a Motion to Set Hearing. Draft a written motion or petition titled “Motion to Set Hearing on Petition for Letters of Administration (or Testamentary).” Include the case name, case number, estate name, and the relief you seek. File it with the circuit clerk. Under Ark. Code Ann. § 28-53-103, the court must hold a hearing on your petition after proper notice.
See Ark. Code Ann. § 28-53-103.
Serve Notice on Interested Parties. Arkansas law requires notice to all heirs, beneficiaries, and devisees at least 10 days before a hearing on appointment of a personal representative.
See Ark. Code Ann. § 28-41-119 for notice requirements.
Contact the Court Clerk’s Office. After filing, call or visit the probate docket clerk. Provide your case number and ask for available hearing dates. The clerk will enter the date in the court’s calendar and notify you whether you must file a separate hearing notice or proposed order.
Submit a Proposed Order. Some counties require you to submit a proposed order setting the hearing date. Format it per local rules and attach to your motion. Once the judge signs it, the clerk will issue a copy to all parties.
Confirm the Hearing and Attend. Verify the date and time with the clerk one week before the hearing. Prepare a hearing packet: a copy of your petition, proof of service, and proposed order. Attend court on the scheduled date and present your case briefly.

Arkansas Statutes and Rules to Know

Ark. Code Ann. § 28-53-103 – Hearing on appointment petition. Link
Ark. Code Ann. § 28-41-119 – Notice to heirs and beneficiaries. Link
Ark. Code Ann. § 16-13-201 et seq. – Clerk’s duties for probate docket. Link

Helpful Hints

Check local circuit‐court rules for specific filing formats and fees.
Keep proof of service and file it promptly to avoid hearing delays.
If the clerk’s office is busy, follow up in writing or via email to confirm scheduling.
Bring multiple copies of all documents to the hearing for the judge and each interested party.
Dress professionally and arrive early to review the docket sheet before your hearing.