Probate Attorney Fees in Arkansas

What probate lawyers charge in Arkansas, how the 6-tier statutory schedule works, and how it differs from the executor fee.

§ 28-48-108(d) · 6-tier schedule FigureMyTax Editorial Team

Quick answer: Arkansas sets probate attorney fees by a 6-tier statutory schedule on the total market value of the estate (Ark. Code § 28-48-108(d)(2)), from 5% down to 2%. That's about $14,050 on a $500,000 estate. The court can adjust it if excessive or insufficient, and it's separate from the executor fee. Estimate the whole picture in the Arkansas probate cost calculator.

The attorney fee schedule (28-48-108(d)(2))

Portion of the total valueRate
First $5,0005%
Next $20,000 (to $25,000)4%
Next $75,000 (to $100,000)3%
Next $300,000 (to $400,000)2.75%
Next $600,000 (to $1,000,000)2.5%
Above $1,000,0002%
On total value: unlike the executor fee (which is only on personal property), the attorney schedule applies to the total market value of the real and personal property reportable in the circuit court. If the court finds the schedule excessive or insufficient, it allows a reasonable fee instead (§ 28-48-108(d)(3)).

Schedule fee at a glance

Total estate valueAttorney fee
$50,000$1,800
$100,000$3,300
$300,000$8,800
$500,000$14,050
$1,000,000$26,550
Not the same as the executor cap: the executor fee is 10/5/3% on personal property only (§ 28-48-108(a)); the attorney schedule is a different, 6-tier ladder on the total value. Both are court-approved maximums.
Facing probate in Arkansas?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Arkansas attorney

Questions to ask before hiring

  • Will you charge the full schedule, or contract for a different fee?
  • Is your fee separate from the executor fee? (Yes — both come from the estate.)
  • Can this estate use the $100,000 small estate affidavit and skip full probate?
  • Will independent administration work to reduce court time?

Ways to reduce legal fees

  • Small estate affidavit — total property up to $100,000, just $25 to file, usually no attorney.
  • Contract a different fee — the schedule applies "unless otherwise contracted" with the PR and heirs.
  • Keep assets out of probate — beneficiary deeds, POD/TOD and trusts shrink the fee base.

Arkansas probate attorney fees — frequently asked questions

How much does a probate lawyer cost in Arkansas?

Arkansas sets probate attorney fees by an actual 6-tier statutory schedule on total value, from 5% down to 2%, under § 28-48-108(d)(2). That's about $14,050 on a $500,000 estate.

Is the Arkansas attorney fee schedule fixed, or can it be negotiated?

The schedule applies unless otherwise contracted with the personal representative and heirs, so a different fee arrangement is possible by agreement, and the court can adjust the schedule fee if it proves excessive or insufficient.

Is the Arkansas attorney fee the same base as the executor fee?

No — the attorney fee applies to the total market value of real and personal property, while the executor fee under § 28-48-108(a) applies only to personal property. They are calculated on genuinely different numbers.

Do I need an attorney for probate in Arkansas?

For independent or supervised full administration, advisable — correctly applying two different statutory fee schedules and handling real property work is technical. The small estate affidavit route, up to $100,000, usually doesn't need one.

Can I avoid an Arkansas probate attorney entirely?

The small estate affidavit, available for total property up to $100,000 net, costs just $25 to file and usually doesn't require an attorney.

Estimate for general guidance only, not legal advice. Arkansas probate attorney fees follow the 6-tier schedule in Ark. Code § 28-48-108(d)(2) (5% first $5,000, 4% next $20,000, 3% next $75,000, 2.75% next $300,000, 2.5% next $600,000, 2% above $1M) on the total market value, unless otherwise contracted; the court can adjust it if excessive or insufficient. The attorney fee is separate from the executor fee (§ 28-48-108(a)). Get a written fee agreement and verify with a licensed Arkansas attorney.