To make a valid will in Arkansas, you must be of sound mind, sign the document at the end, and have two witnesses sign at your request and in your presence under Ark. Code Ann. § 28-25-103. Arkansas also allows handwritten holographic wills under separate rules.
Key Takeaways
- Arkansas requires two witnesses, at least 18 years old, who sign in the presence of the testator.
- Your signature must be at the end of the will, not scattered through the document.
- Holographic (handwritten) wills are recognized in Arkansas under a separate statute, but they still carry proof burdens a witnessed will avoids.
- A self-proving affidavit lets your executor skip live witness testimony at probate.
What are the basic requirements to make a valid will in Arkansas?
Under Ark. Code Ann. § 28-25-103, a will other than a holographic will must be signed by the testator, with the signature placed at the end of the document, and signed by at least two attesting witnesses who are 18 or older and generally competent. The witnesses must sign at your request and in your presence, and the whole signing act must happen in front of two or more attesting witnesses. You are also required to declare to those witnesses that the document is your will.
Where you put your signature actually matters in Arkansas. A signature buried in the middle of the document, rather than at the end, can create a real problem during probate.
Step-by-step: how do you make a will in Arkansas?
- List your assets, debts, and the people or organizations you want to inherit from you.
- Choose an executor to manage your estate and a guardian if you have minor children.
- Draft the will, naming your executor, guardian, and beneficiaries, and declare that it is your last will and testament.
- Sign the will at the end of the document in front of two witnesses, each 18 or older.
- Have both witnesses sign in your presence, after watching you sign or hearing you acknowledge your signature.
- Consider adding a self-proving affidavit before a notary at the same sitting under Ark. Code Ann. § 28-25-106.
- Store the signed original somewhere secure and tell your executor exactly where to find it.
If you want the formalities handled correctly without drafting language from scratch, FastWill's online will builder covers each of these steps for an Arkansas-compliant will.
Does Arkansas recognize handwritten (holographic) wills?
Yes, Arkansas has a separate holographic will statute that recognizes a will entirely in the testator's own handwriting. Because a holographic will typically has no attesting witnesses at signing, proving it in probate court requires additional evidence of your handwriting, which slows things down and gives disgruntled family members more room to argue. A typed will, signed under Ark. Code Ann. § 28-25-103 with two properly present witnesses, holds up far better and is faster to probate.
What is a self-proving affidavit and do you need one in Arkansas?
Under Ark. Code Ann. § 28-25-106, an attesting witness can sign a notarized affidavit stating the facts they would otherwise have to testify to in an uncontested probate proceeding. That affidavit gets attached to the will, or to a copy of it, and the probate court can accept it in place of live testimony when the will is not contested. This step is not required by law, but it removes the risk of having to track down a witness years later who may have moved, lost contact, or died before you.
DIY will vs. hiring a lawyer in Arkansas
Most Arkansas estates, meaning a home, some savings, retirement accounts, and everyday personal property, do not require a custom will drafted by an attorney. The signing formalities in Ark. Code Ann. § 28-25-103, particularly the requirement that the signature sit at the end of the will, are exactly where DIY wills go wrong. Talk to an estate planning attorney if you own a business, have a blended family with competing claims, own property outside Arkansas, or need a trust for a beneficiary who cannot manage an outright inheritance. See our Arkansas estate planning overview and Arkansas estate planning checklist for what else your plan should include, along with our guide to making a power of attorney in Arkansas.
How do you update or revoke a will in Arkansas?
You can revoke an Arkansas will by physically destroying it with intent to revoke, by executing a new will that revokes prior wills, or by a subsequent written instrument signed with the same formalities as a will. Marriage, divorce, a move, and the birth or adoption of a child are the events that most often push people to update their wills. Do not cross out or handwrite changes on a will you have already signed. That kind of edit is not a valid amendment and can put the whole document in doubt during probate. Execute a new will or a properly signed codicil instead.
A codicil is a short document that amends specific parts of an existing will and must be signed and witnessed with the same formality as the original, including the requirement that your signature sit at the end. For most people, especially after a divorce, remarriage, or a significant change in assets, it is simpler and more reliable to execute an entirely new will that expressly revokes all prior wills and codicils rather than stacking amendments. The more documents a probate court has to reconcile, the more room there is for a dispute among your heirs.
Keep your original will somewhere your executor can actually access it, such as a fireproof safe at home or a bank safe deposit box you have told them about in advance. A will that cannot be found when you die functions the same as having no will at all.
Frequently Asked Questions
Do I need a lawyer to make a will in Arkansas?
No. Arkansas law does not require an attorney to draft or witness a will, but you must follow Ark. Code Ann. § 28-25-103 exactly, especially the requirement that your signature be at the end of the document.
Can a beneficiary witness my Arkansas will?
It is best to avoid it. Using an interested witness invites a challenge and can complicate probate even when the will is otherwise valid. Choose two witnesses who receive nothing under the will.
Is an out-of-state will valid once I move to Arkansas?
Generally yes, if it was validly executed under the law of the state where it was signed or where you were domiciled at the time. Have it reviewed once you settle in Arkansas to make sure it still fits your assets and wishes.
What happens if I die without a will in Arkansas?
Arkansas's intestacy statutes decide who inherits, typically your spouse and children in shares set by law rather than your own preference. See our guide on what happens if you die without a will in Arkansas for the full breakdown.
Do I need to notarize my will in Arkansas?
No, notarization is not required for the will to be valid. It is required only for the optional self-proving affidavit under Ark. Code Ann. § 28-25-106, which is still worth the extra step.
Ready to make your Arkansas will official? Build a compliant will with FastWill's will package, and see our general guide to writing your own will for concepts that apply in every state.
