What Is a Will?
Most people know that they should have a will, but many don't know what a will is and how it works.
How to make a will in Arkansas and what can happen if you don't.
What Can I Do With an Arkansas Will?
A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
- leave your property to people or organizations
- name a personal guardian to care for your minor children
- name a trusted person to manage property you leave to minor children, and
- name an executor, the person who makes sure that the terms of your will are carried out.
What Happens if I Die Without a Will?
In Arkansas, if you die without a will, your property will be distributed according to state "intestacy" laws. Arkansas's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, and your spouse's relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
Do I Need a Lawyer to Make a Will in Arkansas?
No. You can make your own will in Arkansas, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney. Nolo's will-making products tell you when it's wise to seek a lawyer's advice.
What Are the Requirements for Signing a Will in Arkansas?
To finalize your will in Arkansas, you must:
- State that the document is your will and sign it in front of two witnesses. Or, if you've already signed your will, acknowledge to your witnesses the signature you previously signed. Or, if you can not sign your own name, direct someone else to sign your name while you witness the signature.
- Have your witnesses sign your will in your presence. Ark. Code Ann. § 28-25-103.
Your witnesses should be “disinterested,” meaning that you have not given them anything in the will. If an “interested” witness signs the will, the witness could lose the gifts you left to them through the will. Ark. Code Ann. § 28-25-102.
Do I Need to Have My Will Notarized?
No, in Arkansas, you do not need to notarize your will to make it legal.
However, Arkansas allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will.
Should I Use My Will to Name an Executor?
Yes. In Arkansas, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's will software and online will produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.
Can I Revoke or Change My Will?
In Arkansas, you may revoke or change your will at any time. You revoke your will by:
- burning, tearing, canceling, obliterating. or destroying the will with the purpose of revoking it, or by
- making a new will that revokes all or part of the old will by expressly stating this or contradictory terms. Code Ann. § 28-25-109.
If you and your spouse divorce or your marriage is annulled, all provisions in favor of your spouse are automatically revoked. Ark. Code Ann. § 28-25-109.
If you need to make changes to your will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will -- this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
Where Can I Find Arkansas’ Laws About Making Wills?
You can find Arkansas’ laws about making wills here: Arkansas Code Annotated Title 28 Wills, Estates, and Fiduciary Relationships Subtitle 3 Wills.
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