Last Will and Testament in Arkansas
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Arkansas law says
| 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). |
|---|---|
| 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 |
| 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 |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Arkansas tenant rights
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.