How to Make a Valid Will in Arkansas
Arkansas has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in AR.
Arkansas Will Requirements at a Glance
Who Can Make a Will in Arkansas?
You must be at least 18 years old to make a will in Arkansas. No statutory exceptions for minors. The testator must be of sound and disposing mind and memory
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and at the testator's direction.
Witness Requirements in Arkansas
Arkansas requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of both witnesses, and both witnesses must sign in the presence of the testator (Ark. Code § 28-25-103).
Interested witnesses: An interested witness does not invalidate the will but may create a presumption of undue influence
Notarization in Arkansas
Notarization is not required for a will to be valid in Arkansas. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Arkansas allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Ark. Code § 28-25-106)
Handwritten (Holographic) Wills
Arkansas does recognize holographic wills. Valid if the entire will is in the testator's handwriting and signed by the testator. No witnesses required (Ark. Code § 28-25-104)
Electronic Wills
Arkansas does not currently recognize electronic wills. Arkansas does not currently have an electronic wills statute
How to Revoke a Will in Arkansas
In Arkansas, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction
Ark. Code § 28-25-109
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
Relevant Arkansas Statutes
- Ark. Code § 28-25-101 (Who may make a will)
- Ark. Code § 28-25-103 (Execution of attested wills)
- Ark. Code § 28-25-104 (Holographic wills)
- Ark. Code § 28-25-106 (Self-proved wills)
- Ark. Code § 28-25-109 (Revocation)
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