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Arkansas Last Will and Testament

Arkansas Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

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People often think that making their Arkansas last will and testament is something they need to do when they get old. However, that can be risky for your family's financial health. Life can be unpredictable, and you cannot know what will happen the next day. That's why taking out some time to make your will is essential. It would not only put your mind at ease but also help prepare you for any uncertainties. You could decide who would handle the entire probate process to ensure everything goes according to your wishes. Your last will and testament would help your loved ones know what you wanted for the estate. It would help avoid any conflicts in the family and help them move on with peace. That's why you must make your online last will and begin your estate planning. 

If you want to make an Arkansas last will and testament, here's what you should follow.

Requirements for an Arkansas Last Will and Testament 

  • Written will: An Arkansas last will and testament must be on paper to be legal. It cannot be a digital file or electronic will. Arkansas allows self-written or holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for an Arkansas last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Arkansas last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will before you.

Who can be your witnesses for an Arkansas Last Will and Testament? 

Your witnesses for an Arkansas last will must follow these conditions:

  • An Arkansas witness must be at least 18 age.
  • They should be able to testify about what they saw and the will-making process.
  • You shouldn't select beneficiaries as witnesses for your Arkansas will. They will lose their estate portion or gift as mentioned in the will.

Arkansas rules for a personal representative or an executor 

Choosing an executor for your Arkansas last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. You need to select an adult as your Arkansas will executor. 
  2. Arkansas restricts you from choosing a convicted felon as your executor.
  3. Capable of performing the job, i.e., of a sound mind and memory. 
  4. Arkansas allows you to choose someone out of state as your executor if they choose a county resident as their agent.

Last will and Testament Notarization in Arkansas

There's no need to notarize your Arkansas last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.
Arkansas last will and testament

Arkansas Last Will Revocation 

You could follow any of these steps to revoke your Arkansas last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Making a new legal will that revokes any part or the entire previous will.

Arkansas Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Arkansas last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Arkansas rules for divorce after making your last will

  • Arkansas law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 

What happens if you don't have a will in Arkansas? 

Case

What happens 

Has children or descendants, no spouse 

Descendants inherit everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has a spouse (of at least 3 years), no children

Spouse inherits everything 

Has a spouse (of less than 3 years) , no children 

Spouse inherits one-half of the estate 


Parents, siblings, or other remaining relatives inherit the balance 

Has a spouse and children

Spouse inherits one-third of the real property and one-third of the personal estate 


Children inherit the balance 

Has siblings, no spouse, no parents, 

Siblings inherit everything 

Last Will and Testament Arkansas Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Arkansas free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Arkansas last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Arkansas last will and testament. 

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Frequently Asked Questions

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

Can I write down my wishes and consider them a legal will?

Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.

How should I store my will?

You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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