Dying Without a Will in Arkansas

Arkansas Estate Planning — Best Essential Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide covers Arkansas estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Arkansas law, verified as of June 2026.

Arkansas Will Requirements at a Glance

Here are the exact rules for making a valid will in Arkansas:

Minimum age to make a will 18 years old and of sound mind (Ark. Code Ann. § 28-25-101)
Witnesses required 2 attesting witnesses required; each must be at least 18 and generally competent; each witness must sign in the testator’s presence and in the presence of the other witness; the testator must sign at the end of the will and declare to both witnesses that the document is their will (Ark. Code Ann. § 28-25-103)
Notarization required NO — notarization is not required for a valid will in Arkansas; however, notarization is needed only if you want to attach a self-proving affidavit, which is optional but may speed up probate
Handwritten (holographic) will allowed YES with conditions — the entire body and signature must be in the testator’s own handwriting; no attesting witnesses are required at signing; however, to probate a holographic will, at least 3 credible disinterested witnesses must testify that the handwriting and signature are the testator’s (Ark. Code Ann. § 28-25-104)
Self-proving affidavit available YES — any attesting witness may sign an affidavit before a notary public (or other officer authorized to administer oaths) stating the facts the witness would testify to in court; the affidavit must be written on the will or securely affixed to it; this may be done at the time of execution or later, even after the testator’s death; if probate is uncontested, the court may accept the affidavit in place of live testimony (Ark. Code Ann. § 28-25-106)
Statutory will form NO — Arkansas does not provide an official statutory fill-in-the-blank will form; the Arkansas Legal Aid self-help portal at arlawhelp.org offers general guidance on wills and estates, but for a valid will you may want to consult a licensed Arkansas attorney

What a Arkansas Will Does (and Doesn’t Do)

A valid Arkansas will may name a personal representative (executor) to manage the estate, name a guardian for minor children, direct how probate assets are distributed, make specific bequests of personal or real property, and create testamentary trusts

What a Arkansas will does NOT control: A will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary (Ark. Code Ann. § 28-25-111), jointly held property with right of survivorship, payable-on-death or transfer-on-death accounts, retirement accounts with named beneficiaries (401k, IRA), or assets already held in a living trust

Oral wills in Arkansas: NO — Arkansas does not recognize oral (nuncupative) wills under any circumstances; all wills must be in writing, either formally executed or holographic

How to Update or Revoke a Arkansas Will

A will may be amended by executing a codicil, which must meet the same formalities as the original will (two attesting witnesses or, for a holographic codicil, entirely in the testator’s handwriting); a will may be revoked by a later valid will or codicil that expressly revokes it, by a subsequent inconsistent will, or by the testator intentionally destroying the document;

divorce or annulment automatically revokes all provisions in favor of the former spouse, but marriage or birth of children does not automatically revoke a will (Ark.

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Code Ann. § 28-25-109)

Other Arkansas will-making rules: Interested witness forfeiture rule — a will is not invalidated because a beneficiary served as a witness, but the interested witness forfeits any bequest exceeding what they would have received under intestacy, unless two disinterested witnesses also signed (Ark. Code Ann. § 28-25-102); testator must sign at the END of the will, not just anywhere on it (Ark.

Code Ann. § 28-25-103); holographic wills require 3 handwriting identification witnesses at probate, which is higher than many states; a testator may deposit their will with the court during their lifetime for safekeeping (Ark. Code Ann. § 28-25-108); a will executed outside Arkansas may be valid if it complied with the law of the place where it was executed (Ark.

Code Ann. § 28-25-105); a will may incorporate another writing by reference (Ark. Code Ann. § 28-25-107)

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Understanding Arkansas Estate Planning

Getting started with Arkansas estate planning is the single best gift you can give your family. A valid Arkansas will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.

When people look into Arkansas estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Arkansas estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.

Official Arkansas Sources & Resources

This Arkansas will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Arkansas Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.