How to Write a Will in Arkansas (2026 Guide)

This is general legal information for Arkansas, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Arkansas.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Arkansas’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Arkansas as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Arkansas will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Arkansas and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Arkansas Will Requirements at a Glance

• Minimum age: 18 years old (No statutory exceptions for minors)
• Written form: Must be in writing. Attested wills may be typed, printed, or handwritten (Ark. Code § 28-25-103). Holographic wills must be written entirely in the testator's own handwriting — typed or printed does not qualify (Ark. Code § 28-25-104).
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: Yes
• Electronic wills: No

Testamentary Capacity

The testator must be of sound mind and at least 18 years of age (Ark. Code § 28-25-101: 'Any person of sound mind eighteen (18) years of age or older may make a will.')

Signature Requirements in Arkansas

You must personally sign the will. Arkansas does allow proxy signing in specific cases: Another person may sign at the testator's discretion and in the testator's presence; the person so signing shall write his or her own name and state that he or she signed the testator's name at the request of the testator

Witness Requirements in Arkansas

Arkansas requires 2 witnesses. Must be at least 18 years of age and competent to be a witness generally in Arkansas (Ark. Code § 28-25-102(a))

Presence rules: The testator must declare to the attesting witnesses that the instrument is his or her will, and must sign, acknowledge a prior signature, sign by mark, or have another person sign at their direction — all in the presence of two or more attesting witnesses; the signature must be at the end of the instrument; the attesting witnesses must sign at the request and in the presence of the testator (Ark. Code § 28-25-103(b)(1), (b)(2), (c))

Interested witnesses: An interested witness does not invalidate the will, but unless the will is also attested by two qualified disinterested witnesses, the interested witness shall forfeit so much of the provision made for them as in the aggregate exceeds in value what they would have received had the testator died intestate; no witness is 'interested' unless the will gives them a beneficial interest by way of devise; an interested witness may still be compelled to testify (Ark. Code § 28-25-102(b)-(d))

The safest approach in every state, including Arkansas, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Arkansas does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity; used for self-proving affidavit

Arkansas does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. Attesting witnesses only (not the testator) sign an affidavit before any officer authorized to administer oaths in Arkansas or any other state; the testator does not sign; affidavit may be made at any time (on the witness's own initiative, at the testator's request, or after the testator's death at the request of the executor or of any other person interested); the affidavit shall be written on the will or, if that is impracticable, securely affixed to the will or to a true copy of the will by the officer administering the oath; if probate is uncontested, the affidavit may be accepted by the circuit court with the same effect as if the testimony of the witness had been taken before the court (Ark. Code § 28-25-106)

Holographic, Electronic, and Oral Wills in Arkansas

Holographic (handwritten) wills: Recognized in Arkansas. Valid if the entire body of the will and the signature are written in the proper handwriting of the testator. No attesting witnesses required at execution; however, the will must be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator (Ark. Code § 28-25-104)

Electronic wills: Not currently recognized in Arkansas. Stick with a printed, physically signed will.

Nuncupative (oral) wills: Not recognized in Arkansas.

How to Revoke or Update a Arkansas Will

If you already have a will and want to change it, Arkansas recognizes these revocation methods: Executing a subsequent will that revokes the prior will or part expressly or by inconsistency, Physical destruction (burning, tearing, canceling, obliterating, or destroying) with the intent and for the purpose of revoking, by the testator or by another person in the testator's presence and by the testator's direction, Divorce or annulment of the testator's marriage revokes all provisions in the will in favor of the divorced spouse. Ark. Code § 28-25-109. No other change in circumstances, condition, or marital status revokes a will (subject to § 28-39-401 on pretermitted heirs). Partial revocation does not require reattestation of the remainder (§ 28-25-109(c)).

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Arkansas

Arkansas is a separate property/common law state. Surviving spouse has dower and curtesy rights: life estate in one-third of real property. Arkansas also provides a statutory allowance and homestead rights to the surviving spouse

Step-by-Step: Writing a Valid Arkansas Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Arkansas-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Arkansas, major asset changes).

Common Arkansas Will Mistakes to Avoid

• Wrong number of witnesses. Arkansas requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Arkansas will requirements and the Arkansas estate planning guide for background on intestate succession, probate, and related topics.

Start Your Arkansas Will Now

The easiest way to get a valid Arkansas will done today is our free drafting tool. It walks you through the questions, generates a Arkansas-specific document with the correct clauses, and gives you signing instructions tailored to Arkansas’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.