Wills Attorney in Benton County, AR

Arkansas Will Validity Requirements

Under A.C.A. § 28-25-103 (subject to change; confirm current law with an attorney), a typed or printed Arkansas will must be signed by the testator and at least two witnesses. The testator must declare to the witnesses that the instrument is their will, and the witnesses must sign at the testator’s request and in the testator’s presence. A defective signing ceremony, the wrong number of witnesses, or a testator who never formally declared the document to be a will can result in the court refusing to admit it to probate.

Arkansas also recognizes holographic wills under A.C.A. § 28-25-104. A holographic will is entirely handwritten by the testator and doesn’t require attesting witnesses, but it must be proven in probate court by at least three credible disinterested witnesses to the testator’s handwriting and signature. Oral wills aren’t valid in Arkansas.

Notarization isn’t required for a will to be valid in Arkansas, but attaching a self-proving affidavit (signed before a notary by the witnesses) can substitute for live witness testimony during probate and streamline the process. Online and DIY wills carry an elevated risk of execution errors that may not surface until the document is presented in court after the testator has died. drafting a will in Arkansas

Dying Without a Will in Arkansas

When someone dies without a valid will, Arkansas intestacy law controls how assets are distributed. The state starts with the closest relatives: spouse and children first, then grandchildren, then parents, then more distant relatives. If no living relatives by blood or marriage exist, the property goes to the state.

Intestacy doesn’t account for unmarried partners, stepchildren who weren’t legally adopted, close friends, or charities. In blended families especially, the default rules can produce results that directly contradict what the decedent would have wanted. Even with a valid will, the Benton County Circuit Court probate division generally oversees validation, creditor notification, and asset distribution for estates that don’t qualify for the simplified small-estate process.

Under A.C.A. § 28-25-109, Arkansas law automatically cancels any provisions benefiting a former spouse once a divorce is finalized. The rest of the will remains in effect, which may not reflect your current wishes.

When to Review or Update Your Will

A will isn’t a one-time document. These life events should each prompt a review:

• Marriage or divorce
• Birth or adoption of a child
• Significant change in assets
• Death of a named beneficiary or executor
• Relocation to a different state

If changes are limited in scope, a codicil (a formal amendment executed with the same requirements as the original will) may be sufficient. Beneficiary designations on life insurance and retirement accounts aren’t controlled by the will and must be updated separately after any major life change.