Last Will And Testament requirements in Arkansas
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or handwritten).
- You must sign the will in the presence of two witnesses.
- Your witnesses must be at least 18 years old and sign the will in your presence.
- While not required, having the will notarized (self-proving affidavit) can simplify probate later.
- If you are married, your spouse may have certain rights to your estate, so consider this when planning.
How to create a Last Will And Testament in Arkansas
- List your assets and decide who should receive them. Think about property, bank accounts, and personal items.
- Choose an executor – the person who will handle your estate. Pick someone you trust, and ask them first.
- Use a will template or online service to draft your will. Include your name, address, and a clear statement that this is your last will and testament.
- Name guardians for minor children, if any, and specify any gifts to charities or friends.
- Sign your will in front of two witnesses who are not beneficiaries. Have them sign as well.
- Optional but smart: get your will notarized with a self-proving affidavit to speed up probate. Store the original in a safe place and tell your executor where it is.
What a Last Will And Testament typically costs
The cost of making a last will and testament in Arkansas varies. Using an online will template can cost as little as $20 to $100, while hiring an attorney typically ranges from $200 to $1,000 or more, depending on complexity. Remember, a valid will can save your family thousands in legal fees later.
Start your last will and testament today to protect the people you love – it's a simple step that brings great peace of mind.
Create your last will and testamentBefore You Begin: Arkansas Will Checklist
Gather the right documents and understand Arkansas's rules to ensure your will is valid and enforceable.
- List your assets, debts, and beneficiaries, including full legal names and addresses.
- Arkansas requires you to be at least 18 and of sound mind to make a will.
- Your will must be in writing and signed by you (or by someone at your direction) in the presence of at least two witnesses.
- Witnesses must be competent and should not be beneficiaries to avoid challenges.
- Have a notary public available to notarize your signature (optional but recommended to simplify probate).
- Choose an executor (personal representative) who is willing to serve and consider naming a backup.
Frequently asked questions
What happens if I die without a will in Arkansas?
If you die intestate (without a will), Arkansas state law decides how your property is distributed. This usually means your spouse and children inherit, but if you have no close relatives, the state may take your assets. To ensure your wishes are followed, it's important to create a will.
Can I write my own will in Arkansas?
Yes, you can write your own will in Arkansas, as long as it meets the legal requirements: you are 18+, of sound mind, and the will is written and signed by you and two witnesses. However, consulting an attorney or using a reliable service can help avoid mistakes.
Do I need a notary for my will in Arkansas?
No, notarization is not required for a will to be valid in Arkansas. But having a self-proving affidavit (signed by you and your witnesses in front of a notary) can make the probate process faster and easier, as witnesses won't need to testify in court.
What's the difference between a will and a living will?
A last will and testament covers what happens to your property after you pass away. A living will (or advance directive) states your healthcare wishes if you become unable to make decisions. Both are important parts of estate planning, but they serve different purposes.