Benton County Probate Court Records

Benton County Probate Court Records cover wills, estates, guardianships, conservatorships, and adoption files. The County Clerk at 215 East Central Avenue in Bentonville is clerk to the probate court. This is one of the largest and fastest-growing counties in Arkansas, so the probate calendar stays busy most weeks. You can search Benton County Probate Court Records online through the state CourtConnect system, visit in person, or mail a written request. The page below walks you through the clerk office, the types of files, fee amounts, and how to get copies.

Benton County Probate Court Records Office

The Benton County Clerk is clerk to the probate court under § 28-1-106. The office files each will, each petition, and each order that the judge signs. Betsy Harrell is the current clerk. The office sits at 215 East Central Avenue, Suite 217, Bentonville, AR 72712, phone (479) 271-1020. Hours run Monday through Friday, 8 a.m. to 4:30 p.m.

Visit bentoncountyar.gov/county-clerk for the full department page. Staff can pull a file for walk-in review, make plain or certified copies, and help with marriage licenses. A view of the County Clerk page shows the core services.

The County Clerk site hosts fee info, hours, and links to record request forms for the public.

The Benton County Circuit Clerk sits in the same courthouse, Room 202, and handles the court docket side. Phone is (479) 271-1013, or call (479) 271-1015 for court records. For that office see bentoncountyar.gov/circuit-clerk.

The Circuit Clerk office hosts the court dockets, jury lists, and payment windows for probate and related filings.

Both clerk offices work together when a case has both probate issues and related civil issues in one family.

Search Benton County Probate Court Records Online

Benton County is part of the statewide CourtConnect free search. You can look up a probate case by party name or case number. Docket entries, filing dates, and hearing info come back in seconds. The site is open to the public.

Start at caseinfo.arcourts.gov. Pick the Nineteenth Judicial Circuit (West), then filter to Benton County. The county also runs its own Circuit Clerk Inquiry system for civil, criminal, domestic relations, and probate cases. Public records are free to search. The Benton County Court website at bentoncountycourt.org has county court links as well.

The site gives a local route into the same court data that sits on the statewide portal.

Benton County Probate Court Records Types

Probate cases in Benton County fall into a few main groups. Full estates are the most common. These cases open with a petition, a will, and a notice to heirs. The rep files an inventory under § 28-48-101 within 60 days and an appraisal under § 28-48-201. Creditors have six months from first publication per § 28-40-111. The case closes with a final accounting under § 28-52-101 and an order of discharge.

Small estate cases run short. Under § 28-41-101, heirs can file an affidavit for estates below $100,000, not counting the homestead. The filing fee is $25, and the wait is 45 days after death. Benton County handles a lot of these for folks who leave behind a bank account and not much else.

Guardianship files cover minors without parents and adults who can no longer manage their money or their health. The rules sit at § 28-65-101, with a 20-day notice under § 28-65-207. Adoption records are sealed by state law. Conservatorships and trust disputes also run through the probate side of the circuit court.

Benton County Probate Probate Court Records Fees

New probate cases cost $165 to open. Small estate affidavits cost $25. Letters testamentary are $5 per set. Certified copies run $5 each. Plain copies are $0.25 per page. The clerk takes cash, checks, and cards at the window.

Benton County staff can run a quick fee quote for you before you drive in. Call the County Clerk at (479) 271-1020 with the case name and the number of copies you need. Mail-in requests should come with a self-addressed stamped envelope and a check made out to the Benton County Clerk. Many folks order three or four certified letters at once so banks and title companies can each keep their own set.

Request Benton County Probate Court Records

You have three paths to get Benton County Probate Court Records. Pick the one that fits.

In person: go to Suite 217 at 215 East Central Avenue. Staff can pull the file for review. By mail: send a short letter with the case info, a check, and a stamped envelope. Online: start at caseinfo.arcourts.gov for the docket list. The clerk's own record request tools sit at bentoncountyar.gov/circuit-clerk/public-records.

The public records page lays out the steps for a FOIA-style request in Benton County.

Historic Benton County Probate Court Records

Benton County was formed in 1836 and began filing probate cases in 1837. Many of the earliest records were lost in the 1865 courthouse fire, but a large share of the 1800s files were rebuilt from family and clerk copies. The Benton County Archives Department at 300 W. Poplar Street, Rogers, phone (479) 636-1037, now holds much of the historic paper. Will records from 1837 through 1991 are there. Probate records from 1860 to 1945 are preserved as well.

For online research, try the Benton County Archives page for details on holdings. FamilySearch has digitized many of the will books. See the Benton County wiki for links. The State Archives at arkansasheritage.com also holds microfilm for many county books.

The archives page shows a list of what the Rogers facility holds, from pension files to road petitions.

Public Access to Benton County Probate Records

Probate files stay open to the public. The Arkansas FOIA backs this up. Admin Order No. 19 sets rules on what the clerk redacts, like social security numbers and minor names. You do not need to be an heir to see a file. The clerk will pull it for any member of the public who asks by name.

Adoption files are sealed under § 9-9-217. Guardianship medical reports may be limited to the parties. A motion to seal a whole file is rare and must show a privacy interest strong enough to beat the public right to inspect. Statute text for these rules is at law.justia.com/codes/arkansas/title-28.

Legal Help in Benton County

Legal Aid of Arkansas has a Springdale office that serves Benton County. The group takes small estate, guardianship, and simple will cases for low-income residents. Apply at arlegalaid.org. The Arkansas Bar Association has a referral service for paid counsel.

If you plan to file on your own, the self-help page at arcourts.gov has the forms you need. A lawyer is not required for a simple estate, but it helps when the estate holds real property or when there is a dispute among heirs.

Cities in Benton County

Benton County holds several major Arkansas cities. Each files probate cases with the County Clerk in Bentonville.

Nearby Arkansas Counties