The most common Arkansas will mistakes are signing without the required witnesses, leaving out a residuary clause, using an out-of-state template, and never updating the document after marriage, divorce, or a new child. Each one is avoidable, and a DIY will done right holds up in Arkansas probate court just as well as one drafted by a lawyer.
Key Takeaways
- Arkansas requires two attesting witnesses who sign at your request and in your presence, with the signature at the end of the document under Ark. Code Ann. section 28-25-103.
- Arkansas recognizes holographic wills, but proving one takes three disinterested witnesses to the handwriting, one more than a standard witnessed will requires.
- A missing residuary clause or contradictory bequest is one of the fastest ways to send part of an estate into intestacy anyway.
- A DIY will is valid in Arkansas when it follows the state's execution formalities exactly, so the fix for most of these mistakes is attention to detail, not a lawyer's retainer.
Not signing with enough witnesses, or signing it wrong
Arkansas law requires two attesting witnesses who sign at your request and in your presence, with the signature at the end of the document, set out in Ark. Code Ann. section 28-25-103. A will that is short one witness, uses a witness who was not physically present, or has the testator sign outside the witnesses' view is vulnerable to a probate challenge even if everyone's intent was clear.
The fix is procedural, not legal: sign the will and have witnesses sign at the same sitting, in the same room, watching each other. Do not mail a signature page to a witness later.
Skipping the self-proving affidavit
A self-proving affidavit signed before an officer authorized to take oaths keeps your witnesses from being pulled into probate court later, referencing Ark. Code Ann. section 28-25-104. Without it, the court may need to locate your witnesses years after signing, which gets harder the longer you wait.
Leaving out a residuary clause
A residuary clause tells the executor what to do with anything not specifically listed in the will, including property acquired after signing. Without one, any unlisted asset passes under Arkansas's intestacy rules instead of to the people you actually chose, which defeats the point of writing a will in the first place.
Ambiguous or contradictory bequests
Leaving "my car" to one person when you own three vehicles, or naming the same specific item to two different beneficiaries in different clauses, creates exactly the kind of dispute that ends up in front of a probate judge. Name beneficiaries and property specifically, and read the full document once more before signing to check for conflicts between clauses.
Relying on a handwritten will instead of a properly executed one
Arkansas recognizes holographic wills, but proving one takes three disinterested witnesses to the handwriting, one more than a standard witnessed will requires. Treating a handwritten note as a full substitute for a properly witnessed will is one of the riskier shortcuts people take, especially when the handwriting itself later becomes the thing being disputed.
Improper amendment or revocation
Crossing out a line and writing in a change, or stapling a new page to an old will, does not amend a will under Arkansas law. Changes require either a formal codicil executed with the same formalities as the original will, or a brand-new will that expressly revokes the old one. Destroying an old will without executing a valid new one can leave you with no will at all.
DIY-form errors that trip people up
Using a will template built for a different state is the single most common DIY mistake, since witness counts, notarization rules, and self-proving procedures are not uniform across states. Other frequent errors include forgetting to name an alternate executor, forgetting a guardian nomination for minor children, and using vague language like "my belongings" instead of itemizing property.
Not updating the will after a major life change
Marriage, divorce, the birth or adoption of a child, and moving to a new state are the four events most likely to make an existing will outdated or, in a divorce, partially revoked by operation of law. Review the will after each of these events rather than assuming it still reflects your wishes.
Related reading: Arkansas estate planning, what happens if you die without a will in Arkansas, setting up a living trust in Arkansas, how to make a valid will in Arkansas, common will mistakes and how to avoid them.
Preguntas frecuentes
Is a DIY will legal in Arkansas?
Yes. Arkansas does not require a lawyer to draft or execute a will. What matters is following the execution formalities in Ark. Code Ann. section 28-25-103: a written document, your signature, and two attesting witnesses who sign at your request and in your presence, with the signature at the end of the document.
Can I fix a mistake in my will by crossing it out and initialing the change?
No. Arkansas does not recognize handwritten interlineations as a valid amendment to an already-executed will. Use a formal codicil or execute a new will instead.
What happens if my will does not have a residuary clause?
Any asset not specifically named in the will passes as if you had no will at all, distributed under Arkansas's intestacy statute rather than to the beneficiaries you chose.
Do I need to redo my will after I move to Arkansas from another state?
You do not automatically need a new will, but you should have it reviewed. Witness counts, self-proving affidavit procedures, and notarization rules vary by state, and a will valid where it was signed does not always take full advantage of Arkansas's probate shortcuts.
Does getting divorced cancel my will in Arkansas?
Divorce does not cancel an entire will, but most states revoke provisions naming a former spouse as beneficiary or executor once the divorce is final. Update the will directly rather than relying on that default rule to sort it out.
A DIY will avoids most of these mistakes when it is executed carefully and reviewed after life changes. Build a legally sound will with FastWill and walk through the Arkansas-specific signing requirements step by step.
