The Circuit Clerks Office is the Probate Clerk and maintains the records for all probate proceedings. Such proceedings include:
Types of Adoptions:
- Step-Parent Adoption;
- New Baby Adoption;
- Guardianship Adoption with Consent to Adopt;
- Juvenile Cases Transferred to Probate to Proceed as Adoption.
The filing fee for an adoption is $165.00, except cases transferred from juvenile to probate (there is no fee for this adoption).
Affidavit for Collection of Small Estate
Forms are available from the Circuit Clerks Office or online at https://www.arcourts.gov/forms-and-publications/court-forms/probate-division
The Small Estate may be used to access a bank account for a deceased person to where there was not another name listed on the account, to have gas or mineral royalties changed to another's name, or, if real estate is involved, for publication of the full legal description in a newspaper for a certain amount of time to give creditors up to six months to file claims.
Criteria for Small Estate:
- Estate is valued at something less than $100,000.00
- More than 45 days have lapsed from date of death
Filing Fee is $25.00. Additional $5.00 fee per Certified copy of Affidavit.
The object of a general estate is to carry out the decedents intent where a Will is admitted to probate and to comply with the Statutory requirements, including but not limited to:
- Determine heirship
- Determine Will contests
- Determine and classify or allow/disallow claims against estates
- Approve management of an estate
- Approve sale of decedents property, real and personal
Filing Fee is $165.00.
Types of Guardianships
- Guardianship of the Person
- Guardianship of the Estate
Filing Fee is $165.00
Guardianships are necessary when (1) a person cannot make competent decisions because of age or mental limitations; (2) when access to an individual’s assests is required to pay for care or basic necessities; or, (3) healthcare and living decisions must be made.
Wills for Safe Keeping
Original Wills for safe keeping may be filed at the Circuit Clerks Office for a fee of $5.00. It is necessary two people be listed who are eligible to pick up the Will upon death.