Detailed Answer — Documents Needed to Apply for Probate Appointment and Take the Oath in Arkansas

This FAQ explains, in plain language, the typical documents you will need to open probate in Arkansas and to obtain appointment as a personal representative (often called an executor or administrator) and to take the required oath. This is a general guide only; precise requirements can vary by county and by whether the decedent left a will.

Where you file

Probate cases in Arkansas are filed in the appropriate county court. In most counties the probate function is handled by the circuit court or a county probate court. File in the county where the decedent lived when they died. For local filing rules, contact the county clerk or court clerk’s office before you go.

Core documents commonly required

The following list covers the documents you will typically need to apply for appointment of a personal representative and to take the oath in Arkansas. Bring originals where possible and several certified copies where indicated.

Certified copy of the death certificate. Courts require an official, certified death certificate to open probate. You can order certified death certificates from the Arkansas Department of Health (Vital Records). See: Arkansas Department of Health — Vital Records.
Original will (if one exists). If there is a last will and testament, file the original with the court. If the will cannot be located, the court will need an explanation and proof of reasonable search.
Petition for probate / petition for appointment of personal representative. The formal document asking the court to admit the will (if any) and to appoint a personal representative. The petition identifies the decedent, lists heirs and beneficiaries as known, describes assets and requests letters testamentary or letters of administration.
Oath of personal representative (or acceptance and oath form). Many counties require the appointed representative to sign an oath promising to faithfully discharge duties. This may be part of the acceptance or bond paperwork. The court clerk will provide the form or accept a printed oath as directed by local practice.
Identification and proof of address for the proposed representative. Government ID (driver’s license, state ID, passport) and current address to identify the person applying to serve.
List of heirs and beneficiaries and their contact information. Names, relationships, and addresses for those entitled to notice under Arkansas law.
Inventory or preliminary schedule of assets. A summary of the decedent’s assets (bank accounts, real property, vehicles, life insurance, retirement accounts, personal property) and their approximate values. Some counties accept a preliminary inventory at filing; others require it after appointment.
Proof of right to serve (if filing under a will). If the will names a person to serve, include the clause or a copy showing the appointment. If multiple persons claim the right, the court will resolve competing petitions.
Bond paperwork (if a bond is required). Some personal representatives must post a surety bond unless the will waives bond or the court dispenses with it. If a bond is required, bring the proposed bond form and surety company information. Arkansas law permits waiver of bond in many cases when beneficiaries consent.
Notices or affidavits of service (as required). After filing, the court often requires proof that interested parties and creditors were notified. You’ll usually file forms showing whom you mailed or served and when.
Filing fee or fee waiver request. Most counties charge a filing fee. If the estate has very little value, ask the clerk about fee waiver procedures.

Special situations that change document needs

No will (intestate): File a petition for appointment of administrator instead of for probate of will. The court will require an affidavit or statement of heirs and next of kin and may require a bond.
Small estates: Arkansas law has simplified procedures for small estates (summary administration). The required forms are fewer; the decedent’s assets must fall below the statutory threshold for a small estate. Check with the court about a small-estate affidavit process.
Spouse or family property claims: If property passes outside probate (beneficiary designations, joint tenancy, trusts), provide copies of beneficiary forms, deeds, or trust documents to show which assets are subject to probate.
Out-of-state wills or foreign-language wills: The court may require certified translations and additional proof of authenticity.

Step-by-step practical process (typical)

Collect the original will (if any) and a certified death certificate.
Contact the county court clerk where the decedent lived to confirm local forms and fees.
Complete the petition for probate or petition for appointment; prepare a list of heirs and an inventory of assets.
File the petition and all required documents with the clerk and pay filing fees (or request waiver).
If the court appoints you, sign the required oath and, if ordered, obtain and file a bond.
After appointment, obtain Letters Testamentary or Letters of Administration from the clerk and proceed to collect and manage estate assets per court rules.

Disclaimer: This is general information only and does not create an attorney-client relationship. It is not legal advice. Laws change and local court practices vary. For legal advice about your situation, consult a licensed Arkansas attorney or the county court clerk.

Helpful Hints — Practical checklist and tips

Call the county court clerk before you go; ask for the exact forms and whether the clerk requires originals or copies.
Bring several certified copies of the death certificate—banks and government agencies often require them.
If a will names you as personal representative, bring the exact language showing the appointment to avoid disputes at filing.
Bring contact information (names and addresses) for all heirs and beneficiaries known to you; the court will usually require notice to them.
If a bond is required and you cannot personally obtain surety, ask about waiving bond in the will or obtaining beneficiary consent to waive bond.
Keep a file of all documents filed with the court and all notices you send to beneficiaries and creditors.
Consider a short consult with a probate attorney if the estate includes real estate, business interests, contested claims, or large or unusual assets.
Use the Arkansas Department of Health site to order death certificates online: https://www.healthy.arkansas.gov/programs-services/topics/vital-records.
To review the state statutes that govern probate in Arkansas, visit the Arkansas General Assembly code site: https://www.arkleg.state.ar.us/ and search for Title 28 (Probate).

What documents are required to apply for probate appointment and oath in Arkansas (AR)?