Arkansas imposes no state estate tax and no inheritance tax, so most families only need to plan around the federal estate tax, which affects estates above $15 million in 2026. A valid Arkansas will must be signed by the testator and by two witnesses who are at least 18 years old.
An Arkansas estate plan typically includes a will, a durable power of attorney, and health care directives, with a trust added if you want to avoid probate or manage assets for a minor or a family member with special needs. FastWill's online will builder is set up to meet Arkansas's signing and witness requirements from the start.
Does Arkansas Have an Estate Tax or Inheritance Tax
No. Arkansas repealed its estate tax and has no inheritance tax, so Arkansas heirs do not owe the state anything simply because they inherited money or property. The federal estate tax is the only tax that could apply, and only to estates above $15 million per person in 2026. Arkansas also has no gift tax, which gives residents flexibility to make lifetime gifts as part of a broader estate strategy.
How to Make a Valid Will in Arkansas
Under Arkansas Code 28-25-103, a will (other than a holographic will) must be signed by the testator and by at least two witnesses who are 18 or older and competent to witness. The testator must declare to the witnesses that the document is their will, and the witnesses must sign at the testator's request and in the testator's presence. Arkansas does not automatically void a will because a witness is also a beneficiary, but an interested witness can lose part of their gift if there are not at least two disinterested witnesses on the document, so it is safer to use witnesses who inherit nothing.
- Be 18 or older and of sound mind
- Put the will in writing and sign it yourself
- Have two competent, ideally disinterested, witnesses sign in your presence
- Name an executor and guardians for minor children
What Happens if You Die Without a Will in Arkansas
Without a valid will, Arkansas intestacy law decides who inherits your property, generally starting with your spouse and children, then moving to parents and siblings if you have neither. The exact split between a spouse and children depends on whether the children are also the spouse's children and how long the marriage lasted, which can produce results very different from what most people assume. Unmarried partners and stepchildren who were never legally adopted receive nothing under Arkansas intestacy law.
Trusts and Probate in Arkansas
Arkansas probate runs through circuit court and typically takes several months for an uncontested estate, longer if there are disputes or out-of-state property involved. A revocable living trust moves assets outside of probate, which keeps the estate private and can speed up distribution to beneficiaries. Arkansas also allows transfer-on-death deeds for real estate, a simpler tool that lets a home pass directly to a named beneficiary without probate or a full trust.
For many single-property households, a well-drafted will combined with payable-on-death and transfer-on-death designations covers most of what a trust would do. Compare the two approaches in our guide to the difference between a will and a trust.
Powers of Attorney and Health Care Decisions
A Financial Power of Attorney in Arkansas must be signed and notarized to be legally valid, and it should spell out exactly which powers your agent has, from managing bank accounts to selling real estate. A Health Care Power of Attorney names someone to make medical decisions on your behalf, while a Living Will documents your preferences for treatment in serious or end-of-life situations. Together, these documents remove the guesswork for your family during a medical crisis.
Moving into or out of Arkansas? Review our guide on updating your will, trust, and power of attorney after a move, since notarization and witness rules are not identical across state lines.
Frequently Asked Questions
Does an Arkansas will need to be notarized
No. Notarization is not required for a basic Arkansas will, only two qualifying witnesses. A notarized self-proving affidavit is optional but can make probate faster.
Can a beneficiary witness my will in Arkansas
Arkansas law does not void a will just because a beneficiary served as a witness, but that witness can lose the part of their gift that exceeds their intestate share unless there are two other disinterested witnesses. It is simplest to choose witnesses who receive nothing under the will.
Does Arkansas tax inheritances
No. Arkansas has no inheritance tax and no estate tax at the state level.
What is a transfer-on-death deed in Arkansas
It is a deed you record during your lifetime that names who inherits a specific piece of real estate when you die, letting that property skip probate entirely.
How long does probate take in Arkansas
An uncontested Arkansas probate commonly takes several months to about a year, while contested estates or those with property in multiple states can take considerably longer.
A signed will, the right powers of attorney, and a plan for any real estate you own cover most Arkansas estate planning needs. See FastWill's plans and pricing to find the setup that fits your situation.
