How to Make a Will in Arkansas

If you're a resident of Arkansas and thinking about making a will, you should understand what a will is and how to create one. 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.

Below you'll find an overview of what a will can do for you, what Arkansas laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Arkansas

Here's a quick checklist for making a will in Arkansas:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

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. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Arkansas?

Yes. You can make your own will in Arkansas, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Arkansas

To make a will in Arkansas, you must:

• be 18 years of age or older
• of sound mind.

(Ark. Code § 28-25-101 (2025).)

You must make your will on paper, not on audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer or typewriter. Arkansas does permit handwritten wills, but they are usually not a good idea. (Ark. Code § 28-25-104 (2025).)

How to Sign and Execute My Arkansas Will

To finalize your will in Arkansas, you must:

• sign your will at the end of the document
• declare to two adult witnesses who are physically present that the document is your will
• either sign the will in front of those two witnesses or acknowledge to them that the signature on the will is yours, and
• have the witnesses sign your will sign your will at the same time as each other while you watch them sign.

(Ark. Code §§ 28-25-102, 28-25-103 (2025).)

The witnesses to your will 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 § 28-25-102 (2025).)

Holographic (handwritten) wills in Arkansas don't require witnesses to watch you sign or acknowledge your will. However, the entire body of a holographic will and your signature must be in your handwriting. Also, three credible, disinterested witnesses must be able to tell the court that it is your handwriting and signature. (Ark. Code § 28-25-104 (2025).)

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. (Ark. Code § 28-25-106 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Arkansas currently doesn't allow e-wills, but that may change in the future.

Can I Choose and Appoint an Executor in My Will?

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 Quicken WillMaker & Trust 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?

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 it revokes the new will or by including contradictory terms.

(Ark. Code § 28-25-109 (2025).)

If you and your spouse divorce or your marriage is annulled, all provisions in favor of your spouse are automatically revoked. (Ark. Code § 28-25-109 (2025).)

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).

Next Steps

You can find Arkansas' laws about making wills here: Arkansas Code Annotated Title 28 Wills, Estates, and Fiduciary Relationships Subtitle 3 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Arkansas wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Arkansas, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Arkansas?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Arkansas, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Arkansas does allow will makers to deposit their wills with the circuit court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives notice of the will maker's death. (Ark. Code § 28-25-108 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Arkansas doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.