Arkansas · Fourteenth Judicial Circuit of Arkansas
Newton County Circuit Court probate division Guide
Circuit Court probate division information · Updated June 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingArkansas Department of Health - Vital Records
Certified Arkansas death certificates are issued by the state Arkansas Department of Health, Vital Records, not by the county. Orders can be placed online, by mail, in person at 4815 West Markham Street in Little Rock, or by phone. Newton County families order through the state office; the local Circuit Clerk does not issue death certificates.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
Legal duties
Deposit the Will
A person in possession of a will is expected to deliver/produce it after the testator's death so it can be offered for probate before the Circuit Court. This template does not assert a fixed numeric day count; verify the custodian's obligations and timing with the court. (Ark. Code 28-40-105)
Creditor claim window
Creditors generally have 6 months from first publication of notice to creditors to bring claims against the estate. (Ark. Code § 28-50-101)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Arkansas small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Arkansas allows a distributee to collect a small estate by affidavit when the value of all property owned by the decedent, less encumbrances and excluding the homestead and statutory allowances, does not exceed $100,000, at least 45 days have passed since death, and no petition for appointment of a personal representative has been filed or granted. The clerk charges $25 to file the affidavit plus $5 per certified copy. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $100,000
- Filing fee:
- $25
A personal representative (executor with a will, or administrator without a will) is appointed by the Circuit Court, qualifies, and administers the estate, including inventory, notice to creditors, payment of claims, and distribution. Verify bond, surety, original-will, and notice requirements with the court.
- Attorney:
- not required by law, though many families use one
Arkansas's small estate procedure (collection by distributee) allows a distributee to collect property by affidavit when the value, less encumbrances, of all property the decedent owned at death (excluding the homestead and the statutory allowances for a spouse or minor children) does not exceed $100,000, at least 45 days have elapsed since death, and no petition for a personal representative is pending or granted. If the estate includes real property, a notice of death and the filing must be published within 30 days after the affidavit is filed.
- Qualifies:
- $100,000
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Newton County Circuit Clerk (Probate Division) can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Newton County Circuit Clerk
WebsiteVehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
Jasper Revenue Office
- Phone:
- 870-446-2215
- Address:
- Farmers Coop. Bldg., 108 North Spring Street, Jasper, AR 72641-0121
When an Arkansas vehicle owner dies, the title is transferred through a DFA State Revenue Office. Arkansas offers several paths: a transfer-on-death (Certificate of Title with Beneficiary) designation, joint tenancy with right of survivorship, an Affidavit of Inheritance of a Motor Vehicle for estates not being probated, and full probate for estates requiring court administration.
Transfer scenarios
Transfer-on-Death Beneficiary Designation (Certificate of Title with Beneficiary)
Documents needed:
- Certificate of Title with Beneficiary (designated during owner's lifetime at a State Revenue Office)
- Certified death certificate of the deceased owner
- Title application (Application for Title or Replacement Title)
- Title fee of $10.00
During lifetime: owner completes Certificate of Title with Beneficiary form at a State Revenue Office. After death: beneficiary presents the TOD certificate, a certified death certificate, and title application at any State Revenue Office to obtain a new title.
The Certificate of Title with Beneficiary form was updated effective 01/31/2024. Confirm current form requirements at dfa.arkansas.gov/office/motor-vehicle/motor-vehicle-forms/.
Joint Tenancy with Right of Survivorship
Documents needed:
- Original vehicle title showing joint tenancy with right of survivorship
- Certified death certificate of the deceased joint owner
- Application for Title or Replacement Title
- Title fee of $10.00
Surviving joint owner presents the death certificate and existing title at any DFA State Revenue Office. A new title is issued in the survivor's name alone.
The title must reflect survivorship ownership. Joint ownership shown as 'AND' rather than 'OR' may indicate tenancy in common, which would require probate or an Affidavit of Inheritance.
Affidavit of Inheritance of a Motor Vehicle (No-Probate Transfer)
Documents needed:
- Affidavit of Inheritance of a Motor Vehicle (completed and notarized; available at dfa.arkansas.gov/office/motor-vehicle/motor-vehicle-forms/)
- Original vehicle title (if available)
- Certified death certificate
- Application for Title or Replacement Title
- Government-issued photo identification
- Title fee of $10.00
The heir completes and notarizes the Affidavit of Inheritance of a Motor Vehicle, then presents it along with the death certificate, existing title, and application at any DFA State Revenue Office. A new title is issued in the heir's name without a court order.
The affidavit certifies that no estate administration has occurred and any will has not been (and will not be) admitted to probate. If the estate is being probated, use the probate transfer path. Note the Notice of Transfer of Ownership (Form 10-306) is a related form also available on the DFA forms page.
Small Estate — Collection by Distributee (Ark. Code Ann. § 28-41-101)
Documents needed:
- Affidavit for collection of small estate (filed with the circuit court clerk of the county of the decedent's residence under § 28-41-101)
- Original vehicle title (if available)
- Certified death certificate
- Application for Title or Replacement Title at a DFA State Revenue Office
- Title fee of $10.00
At least 45 days after death, and when no personal representative has been appointed or petition is pending, the distributee files an affidavit with the circuit court clerk under § 28-41-101 and then presents the court-filed affidavit and other documents at a DFA State Revenue Office to transfer the vehicle title.
This is the general small-estate affidavit under Title 28 (Wills and Estates). The DFA's Affidavit of Inheritance of a Motor Vehicle may serve as the vehicle-specific mechanism for nonprobate transfers; consult the serving State Revenue Office for which form to use in a specific situation.
Sole Owner — Probate (Personal Representative Transfer)
Documents needed:
- Original vehicle title (or apply for a replacement title if lost; fee $10.00)
- Certified death certificate
- Letters testamentary or letters of administration issued by the Arkansas Circuit Court (Probate Division)
- Application for Title or Replacement Title
- Title fee of $10.00
Open probate in the Circuit Court (Probate Division) in the county of the decedent's residence. The appointed personal representative presents letters, the death certificate, and the title application at any DFA State Revenue Office to transfer title.
Arkansas probate is filed in the Circuit Court (Probate Division). The personal representative may also use the DFA State Revenue Office serving the county of the decedent's residence.
Forms
- Certificate of Title with Beneficiary(Completed during owner's lifetime at a DFA State Revenue Office; effective 01/31/2024)
- Affidavit of Inheritance of a Motor Vehicle(Used when estate is not being probated; certifies no administration has occurred and will has not been admitted. Must be notarized.)
- Notice of Transfer of Ownership(10-306)(Related form on DFA Motor Vehicle Forms page; verify with DFA which scenarios require this form vs. the Affidavit of Inheritance)
- Application for Title or Replacement Title(Required for all title transfer transactions at a DFA State Revenue Office)
Fees
Fees from DFA Motor Vehicle Registration Fee Schedule Part 1 (schedule_fee1.pdf). Verify current fees at dfa.arkansas.gov/office/motor-vehicle/motor-vehicle-forms/. County assessor taxes may also apply on registration.
Small-estate vehicle transfer
Arkansas allows a distributee to collect and transfer a decedent's personal property — including motor vehicles — without appointment of a personal representative by filing an affidavit with the circuit court clerk under Ark. Code Ann. § 28-41-101 when the estate's total value (less encumbrances) does not exceed $100,000 and at least 45 days have elapsed since death.
Threshold: $100,000
For vehicle-specific nonprobate transfers, the DFA also offers the Affidavit of Inheritance of a Motor Vehicle. Consult the serving State Revenue Office for which mechanism to use. The small-estate affidavit under § 28-41-101 covers personal property only and cannot transfer real estate.
Lost or duplicate title
If the original certificate of title is lost, misplaced, or accidentally destroyed
The last titled owner(s) complete the Application for Title or Replacement Title and present it at any DFA State Revenue Office with identification and any required lien release. Allow a minimum of three weeks for standard processing. Out-of-state applicants may mail a completed application with a $10.00 check to the DFA.
Fee: $10
If an active lien is recorded, the lienholder must complete the Official Release of Lien or Permission to Issue Replacement Title form (Form 10-315). If the owner claims the lien was released, a lien release is required; the DFA notifies the lienholder, who has 10 business days to respond.
Helpful resources
- Arkansas DFA – Office of Motor Vehicle
Official Arkansas DFA Motor Vehicle page: overview of title/registration/lien law; links to forms and Revenue Office locator.
- Arkansas DFA – Motor Vehicle Forms
Complete list of DFA motor vehicle forms including Affidavit of Inheritance, Certificate of Title with Beneficiary, Application for Title or Replacement Title, Notice of Transfer of Ownership, and fee schedules.
- Arkansas DFA – Replacement Titles
Requirements and process for obtaining a replacement title in Arkansas; fee $10.00; allow three weeks for standard processing.
- Arkansas DFA – All County Office Locations
Official DFA office locator for all 75 Arkansas counties; filter by county and category (Revenue Office) to find the serving State Revenue Office.
- Arkansas Code Annotated – Free Public Access
Official Arkansas Code Annotated via LexisNexis Free Public Access, linked from the Arkansas General Assembly website (arkleg.state.ar.us). Key sections: § 28-41-101 (small-estate collection by distributee); Title 27 (Transportation/Motor Vehicles).
- Arkansas General Assembly
Official Arkansas General Assembly website; gateway to the Arkansas Code Annotated (Arkansas Law menu → Arkansas Code and Constitution of 1874).
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
Vehicle sources (13)
- https://www.dfa.arkansas.gov/office/motor-vehicle/
- https://www.dfa.arkansas.gov/office/motor-vehicle/motor-vehicle-forms/
- https://www.dfa.arkansas.gov/office/motor-vehicle/replacement-titles/
- https://www.dfa.arkansas.gov/office/motor-vehicle/dsmv-faqs/
- https://www.dfa.arkansas.gov/wp-content/uploads/schedule_fee1.pdf
- https://www.dfa.arkansas.gov/wp-content/uploads/AffidavitofInheritanceofVehicle.pdf
- https://www.dfa.arkansas.gov/wp-content/uploads/NoticeofTransferOwnership.pdf
- https://www.dfa.arkansas.gov/wp-content/uploads/ctBeneficiary.pdf
- https://www.dfa.arkansas.gov/wp-content/uploads/VehicleRegistrationApplication.pdf
- https://www.dfa.arkansas.gov/about/locations/all-county-offices/
- http://www.lexisnexis.com/hottopics/arcode/
- https://www.arkleg.state.ar.us/
- https://www.dfa.arkansas.gov/about/locations/all-county-offices/?_sft_county=newton
Sources for this page (5)
The facts above come from these official sources. Verify current details with the office before filing.
- arcourts.govhttps://arcourts.gov/directories/circuit/donnie-davis
- arcourts.govhttps://arcourts.gov/courts/circuit-courts
- arcourts.govhttps://arcourts.gov/administration/acap/courtconnect
- law.onecle.comhttps://law.onecle.com/arkansas/title-21/21-6-403.html
- law.onecle.comhttps://law.onecle.com/arkansas/title-28/28-41-101.html
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in ArkansasFrequently Asked Questions
How much does probate cost in Newton County?
How long does probate take in Newton County?
Do I need an attorney for probate in Newton County?
More Arkansas Resources
Explore the rest of the Arkansas probate hub.
Start here
Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages
Verified against Newton County Circuit Court (Probate Division) on June 14, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arkansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.