Montgomery County Probate Court Records

Montgomery County Probate Court Records are held at the Circuit Clerk in Mount Ida. Files cover wills, estates, small estate affidavits, and guardianships for this small Ouachita Mountains county. You can search Montgomery County Probate Court Records through the free state CourtConnect site, visit the clerk in person, or mail a copy request. This page lays out the clerk address, the online tools, the fee chart, and the steps to get a plain or certified copy of any probate file open to the public.

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Montgomery County Probate Court Records Overview

18thJudicial Circuit
$165Filing Fee
$100KSmall Estate Cap
Mount IdaCounty Seat

Montgomery County Probate Court Records Office

The Circuit Clerk runs the probate desk for Montgomery County. The office serves as clerk to the probate division of the Eighteenth Judicial Circuit East. Files for wills, estates, guardianships, and conservatorships are kept at the courthouse. Under Arkansas Code § 28-1-106, the county clerk acts as clerk to the probate court, files papers, and swears witnesses.

The courthouse is at 105 Highway 270 East, Mount Ida, AR 71957. Hours run Monday through Friday, 8 a.m. to 4 p.m. Call (870) 867-3521 for probate or guardianship matters. Bring a photo ID when you come for copies. Staff can pull a case file and quote copy fees.

Probate records in Montgomery County date back to the county's formation in 1842. Old books and indexes are kept in the clerk's records room. For statewide case search, the Arkansas Judiciary runs arcourts.gov. For county office contact info, see arcounties.org/counties/montgomery.

Arkansas CourtConnect is the free state case search tool. The portal at caseinfo.arcourts.gov covers the Eighteenth Circuit East, which holds Montgomery County. You can search by name, case number, or file date. Results show case type, parties, file date, and the docket list.

Probate cases use the PR code. The free public search does not need an account. For full images of wills and inventories you may still need to mail or visit the clerk. Not every document in a small rural county is digitized.

Note: Montgomery County Probate Court Records on CourtConnect show dockets and parties; scanned images stay at the clerk in many rural cases.

Montgomery County Probate Court Records Record Types

Probate files here cover a wide mix of case types. A typical Montgomery County probate file holds the first petition, the will, proof of will, letters testamentary, the inventory, creditor claim papers, and the final accounting. Adoption cases are sealed under state law.

Under § 28-40-103, a will must be filed within five years of the death. Proof of will needs two witnesses per § 28-40-117. The personal representative files an inventory within 60 days under § 28-48-101 and an appraisal under § 28-48-201. Creditors have six months from first publication to file claims under § 28-40-111.

Common case types in Montgomery County Probate Court Records:

  • Full estate administration
  • Small estate affidavits under § 28-41-101
  • Intestate estates under § 28-9-203
  • Guardianships of minors and adults
  • Trust matters
  • Conservatorships
  • Name change cases

Guardianships follow § 28-65-101. A notice of hearing runs 20 days under § 28-65-207. The guardian files yearly reports with the court. Homestead allowance rules are set by § 28-39-101. Family allowance rules sit in § 28-39-201.

Montgomery County Probate Court Records Record Fees

The probate filing fee is $165 to open a new estate case. A small estate affidavit runs about $25 to $30. Small estate is capped at $100,000 in value, not counting the homestead or statutory allowances.

Copy fees at the Montgomery County Circuit Clerk:

  • Plain copies: $0.25 per page
  • Certified copies: $5 per document
  • Letters testamentary: $5 per set
  • Recording first page: $15

Order extra certified copies up front if you plan to settle bank accounts or retitle a vehicle. Each extra set is only a few dollars. The clerk takes cash, card, or a check payable to the Montgomery County Circuit Clerk. Mail requests should include a self-addressed stamped envelope.

Request Montgomery County Probate Court Records

You have three ways to ask for a Montgomery County probate file. Each is open to the public.

In person: visit the clerk at 105 Highway 270 East in Mount Ida. Bring the case number if you have it. If not, bring the full name of the decedent and the year of death. Staff pull the file. Plain copies print while you wait.

By mail: send a letter with the case info, a check for copy fees, and a self-addressed stamped envelope. Add a phone number in case staff need to call back. The clerk mails copies out within a week or two, often sooner.

Online: use CourtConnect to pull the case number. Then follow up with the clerk. For self-help forms, see arcourts.gov. The statewide site has probate, guardianship, and small estate forms you can fill out on your own.

Historic Montgomery County Records

Montgomery County was formed in 1842. Old probate books and marriage indexes at the courthouse run back to the mid-1800s. Some volumes are fragile, so staff keep them under glass. The Arkansas State Archives in Little Rock hold microfilm of many old Montgomery County wills, estates, and guardianships.

Start online at arkansasheritage.com to plan a visit. FamilySearch has digitized many older records. The Montgomery County research wiki lists reels and online indexes you can read for free.

Public Access to Montgomery County Probate Records

Montgomery County Probate Court Records are open to the public. The Arkansas Freedom of Information Act and Administrative Order No. 19 set the rules. Anyone can walk in, search online, or send a FOIA request to the clerk.

Some items are held back. Adoption records are sealed under state law. Bank account numbers, social security numbers, and minor children's full names are redacted in public file copies. Medical records in a guardianship case may be limited to the parties.

For help with a small estate affidavit or a simple guardianship, Legal Aid of Arkansas offers free service to low-income residents in this part of the state.

More Probate Court Records Tips

Before you head to the clerk, gather a few key facts. The full legal name of the decedent is the most important. A date of death, even a rough year, helps narrow the index. If you know the case number from a prior filing, bring that too. Staff can pull the right probate file in minutes when you come prepared.

Pay by check or money order if you mail a request. Some clerks take credit cards at the counter. Probate court records can also be ordered in batches, which saves time when you need several certified copies of the same order. Ask the clerk to quote a total before you pay.

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Cities in Montgomery County

Montgomery County towns include Mount Ida, Norman, Oden, and Black Springs. All probate cases file at the Circuit Court in Mount Ida. No city in the county is large enough for its own page.

Nearby Arkansas Counties