Arkansas Probate Cost: Full Breakdown

Exactly what you pay to settle an estate in Arkansas — the 10/5/3% executor cap on personal property, the 6-tier attorney schedule on total value, the $165 fee — with worked examples. No death tax.

Ark. Code § 28-48-108 FigureMyTax Editorial Team

Quick answer: Arkansas has two statutory fee scales — the executor's 10/5/3% cap on personal property (28-48-108(a)) and a separate 6-tier attorney schedule on the total value (28-48-108(d)) — plus a flat $165 court fee, and no death tax. Get your own figure with the Arkansas probate cost calculator.

1. Executor fee — on personal property (a cap)

Under § 28-48-108(a), the ordinary executor fee is capped on the personal property passing through the personal representative's hands:

Portion of the personal propertyRate
First $1,00010%
Next $4,000 (to $5,000)5%
Balance over $5,0003%
Worked examples: $50,000 personal property → $1,650; $100,000 → $3,150; $200,000 → $6,150. For substantial work on real property, the court can allow additional compensation (§ 28-48-108(b)). It's a maximum; family executors often waive it.

2. Attorney fee — the 6-tier schedule (total value)

§ 28-48-108(d)(2): on the total market value of the real and personal property — 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, 2.5% of the next $600,000, and 2% above $1,000,000. The court can adjust it if excessive or insufficient.
Total estate valueAttorney fee
$100,000$3,300
$300,000$8,800
$500,000$14,050
$1,000,000$26,550

3. Court cost & the tax picture

Court: a flat $165 to open ($150 base + $15 tech fee), the same for any size estate; publication ~$100–$200. No death tax: Arkansas has no estate or inheritance tax — only federal, above the federal exemption.

Worked total examples

Executor on personal property + attorney on total value + $165 filing + ~$150 publication:

Estate (PP / total)ExecutorAttorneyCourt + pub.Approx. total
$50k PP / $150k total$1,650$4,675$315≈ $6,640
$100k PP / $300k total$3,150$8,800$315≈ $12,265
$200k PP / $500k total$6,150$14,050$315≈ $20,515

Both fees are statutory maximums — the court can allow less, and family executors often waive theirs. Run your own numbers in the calculator.

How to reduce Arkansas probate costs

  • Use the small estate affidavit — total property up to $100,000 net, just $25 to file (§ 28-41-101).
  • Executor waives the fee if a family member and beneficiary.
  • Ask the court for less than the cap on a simple estate — the schedule is a maximum.
  • Beneficiary deeds, POD/TOD, joint title and a living trust keep assets out of probate.

Arkansas probate cost — frequently asked questions

Why does Arkansas have two separate fee schedules?

The executor fee under § 28-48-108(a) applies only to personal property, while the attorney fee under § 28-48-108(d) applies to the total value of real and personal property — two genuinely different bases computed independently.

Does real estate ever factor into the Arkansas executor fee?

Only through a separate provision — § 28-48-108(b) lets the court allow additional compensation for substantial real-property work, but it is never folded into the main 10/5/3% calculation on personal property.

Is the Arkansas attorney fee schedule unusual compared to other states?

Yes — most states use a vague reasonable-compensation standard for probate attorneys with no fixed numbers. Arkansas instead sets an actual 6-tier statutory schedule, though the court can still adjust it if excessive or insufficient.

Can an Arkansas personal representative pay themselves before the court approves it?

Yes — § 28-48-108(f)(1) allows a personal representative to fix their own fee without prior court approval, though that amount remains subject to later review and possible refund if found excessive.

Does Arkansas's low cost mean skipping an attorney is always fine?

Not necessarily — correctly separating the personal-property and total-value calculations, and handling any real-estate work properly, is exactly the kind of detail an attorney helps get right, especially for larger or more complex estates.

Facing probate in Arkansas?

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

Talk to an Arkansas attorney

Estimate for general guidance only, not legal or tax advice. Arkansas caps the executor fee at 10% first $1,000, 5% next $4,000, 3% balance of the personal property (Ark. Code § 28-48-108(a)), with court-fixed extra possible for real-property work. The attorney fee follows a separate 6-tier schedule on total value (§ 28-48-108(d)(2)); both are maximums the court may adjust. Filing fee $165 flat. Small estate affidavit $100,000 net (§ 28-41-101). Arkansas has no estate or inheritance tax. Verify with the Circuit Court or a licensed Arkansas attorney.