How to Make a Valid Will in Arkansas

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 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.')

Signing Requirements

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).. If you are physically unable to sign, 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)). 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))

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. 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)

Handwritten (Holographic) Wills

Arkansas does recognize holographic wills. 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

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 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)).

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 wills)
• Ark. Code § 28-25-103 (Execution generally)
• Ark. Code § 28-25-104 (Holographic wills generally)
• Ark. Code § 28-25-106 (Affidavit of attesting witness)
• Ark. Code § 28-25-109 (Revocation of wills)