How to Make a Valid Will in Arkansas
What Arkansas law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of sound mind who is 18 or older may make a will. A witnessed will must be signed at the end by the will-maker (or by mark, or by another person at the will-maker's direction, who also signs their own name) and signed by at least two attesting witnesses. Ark. Code Ann. §§ 28-25-101, 28-25-103
| Requirements for a valid will | Any person of sound mind who is 18 or older may make a will. A witnessed will must be signed at the end by the will-maker (or by mark, or by another person at the will-maker's direction, who also signs their own name) and signed by at least two attesting witnesses. The will-maker must tell the witnesses the document is their will and sign or acknowledge the signature in their presence, and the witnesses sign at the will-maker's request and in the will-maker's presence. Official code not freely readable online; text verified on a public code mirror (code year 2024). |
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| Handwritten (holographic) wills | Yes. A will written entirely in the will-maker's own handwriting and signed by them is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least three credible, disinterested witnesses. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. § 28-25-104 |
| Self-proving affidavit | Yes. Any attesting witness can sign an affidavit about the signing before a notary or other officer authorized to give oaths, either on their own, at the will-maker's request, or after the death at the request of the executor or another interested person. The affidavit is written on or attached to the will. If probate is uncontested, the court can accept the affidavit in place of the witness's testimony. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: Ark. Code Ann. § 28-25-106 |
More Arkansas estate law
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- Small Estate Affidavit in Arkansas
- Power of Attorney in Arkansas
- Quitclaim Deeds and Transferring Property in Arkansas
- Who Inherits If You Die Without a Will in Arkansas
- How Probate Works in Arkansas
- Living Wills and Advance Directives in Arkansas
- Revocable Living Trusts in Arkansas
- Executor Duties in Arkansas
- Letters Testamentary in Arkansas
- Affidavit of Heirship in Arkansas
- How to Avoid Probate in Arkansas
- Transferring a Car After Someone Dies in Arkansas
- All Arkansas wills, probate and estate rules
FAQ
What makes a will valid in Arkansas?
Any person of sound mind who is 18 or older may make a will. A witnessed will must be signed at the end by the will-maker (or by mark, or by another person at the will-maker's direction, who also signs their own name) and signed by at least two attesting witnesses. The will-maker must tell the witnesses the document is their will and sign or acknowledge the signature in their presence, and the witnesses sign at the will-maker's request and in the will-maker's presence.
Is a handwritten will valid in Arkansas?
Yes. A will written entirely in the will-maker's own handwriting and signed by them is valid without attesting witnesses, but at probate the handwriting and signature must be proved by at least three credible, disinterested witnesses.
Does a will need to be notarized in Arkansas?
Yes. Any attesting witness can sign an affidavit about the signing before a notary or other officer authorized to give oaths, either on their own, at the will-maker's request, or after the death at the request of the executor or another interested person. The affidavit is written on or attached to the will. If probate is uncontested, the court can accept the affidavit in place of the witness's testimony.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.