How to File for Guardianship in Arkansas: The Complete Probate Process

Filing for guardianship of an adult in Arkansas means going through the Probate Division of the Circuit Court — and the process has more steps, more mandatory requirements, and more ongoing obligations than most families expect. Act 713 of 2025 raised the bar further, demanding clearer evidence and stricter evaluations before any permanent order is entered.

Here is exactly how the process works.

Step 1: Get the Professional Evaluation

Before you file anything, you need a professional evaluation of the proposed ward under A.C.A. § 28-65-212. This is not optional — a court cannot grant guardianship based on a parent's request alone, a school recommendation, or a disability diagnosis.

The evaluation must be performed by a licensed physician, psychologist, or social worker within six months of the scheduled hearing date. Under Act 713 reforms, it must address four specific domains:

1. Medical and physical condition
2. Adaptive behavior — the ability to manage daily living activities
3. Cognitive and intellectual functioning
4. Whether less restrictive alternatives could meet the individual's needs

If you do not have a current evaluation, the court will order an independent one. If the petition is granted, the cost comes out of the ward's estate. If denied, the petitioner pays.

Step 2: File the Petition

You file Form 24 (Petition for Appointment of Guardian) in the Circuit Court's Probate Division in the county where the proposed ward lives. Filing in the wrong county means your case gets transferred — wasting weeks.

The petition must include the proposed ward's biographical information, names of close relatives, the specific nature and degree of the alleged incapacity, and — if you are seeking guardianship of the estate — a detailed description of the ward's assets.

The statewide base filing fee is $165. Some counties add technology or security surcharges.

Step 3: Serve Notice

Due process requirements in Arkansas guardianship cases are strict. The proposed ward must be personally served with the petition and a "Notice of Hearing and Rights" (Form 25) at least 30 days before the hearing. Certified mail or personal service must also go to the ward's spouse, parents, and adult siblings.

Cutting corners on notice is one of the fastest ways to get a case dismissed.

Step 4: The Hearing

The hearing takes place before a Circuit Court Judge sitting in the Probate Division. The proposed ward has the right to be present, to present evidence, to cross-examine witnesses, and to remain silent. If they cannot afford a lawyer, the court must appoint one, with fees paid by the petitioner or the ward's estate.

The burden of proof is high: the petitioner must demonstrate incapacity by clear and convincing evidence. The judge must also be satisfied that no less restrictive alternative — such as a power of attorney, representative payee, or supported decision-making arrangement — can adequately protect the individual.

Step 5: Bond, Acceptance, and Letters

If the court grants the petition, you file Form 28 (Acceptance of Appointment) and execute a Guardian's Bond (Form 27) if required. Since Act 326 of 2023, bonds are discretionary rather than mandatory, but most judges still require them for guardianship of the estate.

The clerk then issues Letters of Guardianship (Form 29) — your official credentials. Get several certified copies, because every bank, hospital, and agency will want their own.

Step 6: Ongoing Reporting

Guardianship in Arkansas is not a one-time event. Within 60 days, a guardian of the estate must file an Inventory (Form 30) listing all the ward's assets under oath. Every year after that:

• Form 32 (Annual Report): every guardian of the person must report on the ward's condition, living situation, and whether guardianship remains necessary
• Form 31 (Financial Accounting): every guardian of the estate must account for all financial transactions

Miss these deadlines and the court issues a show-cause citation. Penalties include fines, denial of compensation, or removal.

Consider Limited Guardianship First

Under A.C.A. § 28-65-301, the court can restrict guardian powers to only the specific areas where the ward needs help — medical consent, for example — while leaving all other civil rights intact. A limited guardianship is almost always the right starting point.

The Arkansas Adult Guardianship & Alternatives Guide provides preparation worksheets for each step — the petition, the evaluation, the notice requirements, and the post-appointment reporting — so you arrive at the courthouse organized and prepared.

See more Arkansas guides →