The Arkansas Last Will and Testament is an official document that outlines your wishes for the distribution of your assets after death, including who will receive your home, money, and personal possessions. The individual who writes a will is referred to as the “testator,” and the person or entity designated to manage the testator’s inheritance following death is known as the “executor.” Your executor(s) will have specific instructions for distributing your estate if they have this last will and testament.
Table of Contents
Key Elements of an Arkansas Last Will and Testament:
- Testator’s Information – Full name and residence.
- Declaration – Statement that the document is the testator’s last will.
- Revocation of Prior Wills – If applicable, nullifies any previous wills.
- Appointment of Executor – Names a person to handle the estate.
- Beneficiaries and Assets – Lists who gets what property or assets.
- Guardianship of Minor Children – If needed.
- Signature and Date – The will must be signed by the testator.
- Witnesses – At least two competent witnesses must sign the will in the presence of the testator. These witnesses cannot be beneficiaries.
Legal Requirements of an Arkansas Last Will and Testament:
- The testator must be at least 18 years old and of sound mind.
- The will must be in writing.
- It must be signed by the testator and two witnesses.
- Arkansas does not require notarization for a will to be valid, but a self-proving affidavit can be notarized to speed up probate.
Self-Proving Affidavit
This is an optional notarized statement by the testator and witnesses that can help the will be accepted by probate court without the witnesses having to testify later.
State Code For Wills: Arkansas Code Title 28 governs wills.
Arkansas Requirements To Execute a Will
Any person of sound mind eighteen (18) years of age or older may make a will. 1
Arkansas Will Signing Requirements
Will Signing Requirements: The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses. 2
Arkansas Will Witness Requirements
Will Witnessing Requirements: The will may be witnessed by two persons, eighteen (18) years of age or older, competent to be a witness generally in Arkansas. State code allows that persons named as beneficiaries in the will may also be witnesses as long as two disinterested persons also witness the signing. 3
Arkansas Holographic Wills
Generally, holographic wills are accepted if written and signed entirely by the testator. When the entire will and the signature is written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding there may be no attesting witnesses to the will. 4
Revoking An Arkansas Will
An Arkansas will can be revoked by subsequent will, codicil or by being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator’s presence and by the testator’s direction. 5
Summary of Arkansas Will Requirements
Anyone 18 years of age or older and of sound mind can write and sign a will in Arkansas. The will should be witnessed by two persons having no financial interest in the will. The witnessed may be named as a beneficiary in the will as long as two other persons witness the signing. Witnesses to the testator signing the will are not required as long as at least three persons can later verify that the will writing and signature are those of the testator.
Example of an Arkansas Last Will and Testament
