Arkansas funeral rights

How to Contest a Will in Arkansas — Deadline, Grounds, and Who Can File (2026)

By Oleg Kachko · Updated September 6, 2026

✓ Verified September 2026

To contest a will in Arkansas, you file in the probate court within a fixed window and prove one of a short list of legal grounds. This guide gives the Arkansas answer in plain English, and it starts with the deadline, because that is the fact that ends more cases than any other. All facts are from Arkansas law, verified as of September 2026.

Contest a Will in Arkansas: At a Glance

Here are the Arkansas facts that decide whether you can contest a will in Arkansas:

Deadline to contest There is no single flat deadline in Arkansas — Ark. Code Ann. § 28-40-113(b) sets four tiers, and the one that applies depends on the notice you received: (1) if you were given notice OTHER THAN by publication of the hearing on the petition for probate, your written grounds of objection must be filed at or before the time of that hearing — § 28-40-113(b)(2); (2) if you were notified of the ADMISSION of the will to probate under § 28-40-111, you must file within 3 months (90 days) after the date of the first publication of the notice of admission, or within 45 days after a copy of that notice was served on you, whichever period expires LAST — § 28-40-113(b)(3); (3) if none of the above bars you, within 3 years after the date the will was admitted to probate — § 28-40-113(b)(4); (4) if the ground is that a LATER or different will has been discovered, before final distribution of the estate is ordered and within the § 28-40-103 period (5 years from the decedent’s death) — § 28-40-113(b)(1). Foreign will already admitted in Arkansas: same time as a resident’s will, or within 45 days after an order of the domiciliary state’s court setting aside probate there — § 28-40-113(b)(5). The practical answer for most Arkansas families is the 3-month/45-day rule in § 28-40-113(b)(3). These periods are strict — § 28-40-113(a) and Arkansas case law hold there is no right to contest a will except as the statute provides. Check with an Arkansas circuit court or a licensed Arkansas attorney to confirm which tier applies to your facts.
What starts the clock Notice, not death. The clock most commonly runs from the FIRST PUBLICATION of the notice of admission of the will to probate (§ 28-40-111 notice), with an alternate 45-day clock from personal service of a copy of that notice on the contestant, whichever ends later (§ 28-40-113(b)(3)). If instead you got direct (non-publication) notice of the hearing on the petition for probate, the trigger is that hearing date (§ 28-40-113(b)(2)). Where no qualifying notice was given, the trigger is the date of admission of the will to probate, with a 3-year outside limit (§ 28-40-113(b)(4)). Date of death is the trigger only for the after-discovered-will route, through the 5-year § 28-40-103 limit.
Who can contest An “interested person” may contest — Ark. Code Ann. § 28-40-113(a). “Interested persons” is defined at Ark. Code Ann. § 28-1-102(a)(11) as any heir, devisee, spouse, creditor, or any other person having a property right in or claim against the estate being administered, and any fiduciary. In practice this covers: intestate heirs who would take more if the will fell; beneficiaries under the contested will; beneficiaries under a prior will; the surviving spouse; and creditors of the estate. Arkansas courts look to whether the person’s own pecuniary interest in the estate would be affected — a devisee named in the will has standing even if the person would not inherit under intestacy (Spicer v. Estate of Spicer, Ark. Ct. App. 1996).
No-contest clause YES — but enforced narrowly. Arkansas has no statute governing no-contest (in terrorem) clauses in wills; enforceability comes from case law. Arkansas courts treat these clauses as valid in principle but STRICTLY CONSTRUE them against forfeiture, so the beneficiary’s conduct must fall clearly within the clause’s wording before any inheritance is forfeited, and Arkansas courts have treated the clause as inapplicable where the contestant actually prevails or acts in good faith. Because Arkansas has not codified a bright-line probable-cause exception, the exact reach of a good-faith/probable-cause defense in Arkansas remains fact-specific — a specific controlling Arkansas Supreme Court holding squarely adopting a probable-cause exception is UNVERIFIED. Anyone holding a bequest under a will with such a clause should have an Arkansas attorney review the clause language before filing anything. (Note: revocable trust contests run on a separate track, Ark. Code Ann. § 28-73-604.)
What the filing is called Written “grounds of objection” to the probate of the will (commonly styled a petition/objection to probate, or a petition to set aside probate of will when the will has already been admitted), filed in the estate’s existing probate case — § 28-40-113(a) requires the contestant to state the grounds of objection in writing and file them in the court. Related pleadings include a petition for determination of heirship under Ark. Code Ann. § 28-53-101.
Court The Arkansas Circuit Court, Probate Division, for the county where the estate is being administered. Since Amendment 80 to the Arkansas Constitution (effective July 1, 2001; divisions effective January 1, 2002), Arkansas abolished separate probate and chancery courts and consolidated all probate jurisdiction into the circuit courts, which have five subject-matter divisions (criminal, civil, probate, domestic relations, juvenile). Jurisdiction over probate of wills: Ark. Code Ann. § 28-1-104. Arkansas has no separate “surrogate’s court,” and probate is not handled by county court.
Jury trial NO — an Arkansas will contest is decided by the circuit judge sitting in the probate division, not a jury. Probate/equity matters carried no right to jury trial when the Arkansas Constitution was framed, and Article 2, § 7 of the Arkansas Constitution preserves the jury right only as it existed then. Amendment 80 consolidated courts but expressly did not change what is triable to a jury versus what must be decided by the court — Ludwig v. Bella Casa, LLC, 2010 Ark. 435 (Amendment 80 did not alter the jurisdiction of law and equity, so the matters that may be submitted to a jury and those that must be decided by the court remain unaltered). A circuit judge’s use of any advisory jury in a probate matter would be discretionary, not a right.
Typical cost UNVERIFIED. Arkansas publishes no official fee schedule or cost survey for contested will cases, and costs turn on whether the case settles, how many depositions and medical/handwriting experts are needed, and whether it is tried. Note that Ark. Code Ann. § 28-48-109 allows the court to make an allowance from the estate for reasonable expenses and attorney’s fees to a person who in good faith defends or prosecutes the probate of a will, whether or not successful — ask an Arkansas attorney whether that provision could apply to your situation.

The Deadline to Contest a Will in Arkansas

⚠ Deadline to contest a will in Arkansas: There is no single flat deadline in Arkansas — Ark. Code Ann. § 28-40-113(b) sets four tiers, and the one that applies depends on the notice you received: (1) if you were given notice OTHER THAN by publication of the hearing on the petition for probate, your written grounds of objection must be filed at or before the time of that hearing — § 28-40-113(b)(2); (2) if you were notified of the ADMISSION of the will to probate under § 28-40-111, you must file within 3 months (90 days) after the date of the first publication of the notice of admission, or within 45 days after a copy of that notice was served on you, whichever period expires LAST — § 28-40-113(b)(3); (3) if none of the above bars you, within 3 years after the date the will was admitted to probate — § 28-40-113(b)(4); (4) if the ground is that a LATER or different will has been discovered, before final distribution of the estate is ordered and within the § 28-40-103 period (5 years from the decedent’s death) — § 28-40-113(b)(1). Foreign will already admitted in Arkansas: same time as a resident’s will, or within 45 days after an order of the domiciliary state’s court setting aside probate there — § 28-40-113(b)(5). The practical answer for most Arkansas families is the 3-month/45-day rule in § 28-40-113(b)(3). These periods are strict — § 28-40-113(a) and Arkansas case law hold there is no right to contest a will except as the statute provides. Check with an Arkansas circuit court or a licensed Arkansas attorney to confirm which tier applies to your facts.. The clock starts at Notice, not death. The clock most commonly runs from the FIRST PUBLICATION of the notice of admission of the will to probate (§ 28-40-111 notice), with an alternate 45-day clock from personal service of a copy of that notice on the contestant, whichever ends later (§ 28-40-113(b)(3)). If instead you got direct (non-publication) notice of the hearing on the petition for probate, the trigger is that hearing date (§ 28-40-113(b)(2)). Where no qualifying notice was given, the trigger is the date of admission of the will to probate, with a 3-year outside limit (§ 28-40-113(b)(4)). Date of death is the trigger only for the after-discovered-will route, through the 5-year § 28-40-103 limit.. Missing it usually ends the case regardless of how strong the grounds are.

The window is short in some states and long in others, and it is measured from a specific event rather than from the day you learned about the will. That is why the first thing to find out is the date the will was admitted and whether you received formal notice. If the deadline has not run, everything else on this page is available to you.

If it has, the remaining options are narrow and usually involve proving you never got the notice the law required.

Grounds to Contest a Will in Arkansas

Lack of testamentary capacity (the testator must be 18 or older and of sound mind — Ark.

Code Ann. §§ 28-25-101 and 28-25-102); undue influence (the most litigated ground in Arkansas, often paired with capacity); fraud; duress/coercion; improper execution or attestation — Arkansas requires the will be in writing, signed by the testator (or by another at the testator’s direction in the testator’s presence), and attested by at least 2 witnesses who sign at the testator’s request and in the testator’s presence, Ark.

Code Ann. § 28-25-103 (holographic wills allowed under § 28-25-104 if wholly written and signed in the testator’s own handwriting and proved by 3 credible disinterested witnesses); forgery; and revocation of the will by a later will, codicil, or physical act under Ark. Code Ann. § 28-25-109. Mistake alone is generally not a stand-alone ground.

Who has to prove what: Default rule: the CONTESTANT carries the burden, by a PREPONDERANCE OF THE EVIDENCE, to prove the testator lacked testamentary capacity or acted under undue influence, once the will is valid on its face.

Arkansas then applies a distinctive burden-shift: if the proponent/beneficiary PROCURED the will (actually drafted it for the testator, or planned the will and caused the testator to execute it), a rebuttable presumption of undue influence arises and the burden shifts to the proponent to prove BEYOND A REASONABLE DOUBT that the testator had the mental capacity to execute the will and was not acting under undue influence — Pyle v.

Sayers, 72 Ark. App. 207, 34 S.W.3d 786 (2000), aff’d 344 Ark. 354, 39 S.W.3d 774 (2001). If the proponent overcomes that presumption, the burden shifts back to the contestant on the preponderance standard. A confidential relationship (caregiver, agent under power of attorney, drafting beneficiary) is what typically triggers the procurement analysis in Arkansas. Capacity and undue influence are so interwoven in Arkansas that courts often consider them together.

Who Can Contest a Will in Arkansas

An “interested person” may contest — Ark. Code Ann. § 28-40-113(a). “Interested persons” is defined at Ark. Code Ann. § 28-1-102(a)(11) as any heir, devisee, spouse, creditor, or any other person having a property right in or claim against the estate being administered, and any fiduciary.

In practice this covers: intestate heirs who would take more if the will fell; beneficiaries under the contested will; beneficiaries under a prior will; the surviving spouse; and creditors of the estate. Arkansas courts look to whether the person’s own pecuniary interest in the estate would be affected — a devisee named in the will has standing even if the person would not inherit under intestacy (Spicer v.

Estate of Spicer, Ark. Ct. App. 1996). Being unhappy with the will is not standing; losing something because of it is. Check the earlier will and the intestate rules for Arkansas before filing, because they decide whether you are an interested person.

No-Contest Clauses in Arkansas

YES — but enforced narrowly. Arkansas has no statute governing no-contest (in terrorem) clauses in wills; enforceability comes from case law.

Arkansas courts treat these clauses as valid in principle but STRICTLY CONSTRUE them against forfeiture, so the beneficiary’s conduct must fall clearly within the clause’s wording before any inheritance is forfeited, and Arkansas courts have treated the clause as inapplicable where the contestant actually prevails or acts in good faith.

Because Arkansas has not codified a bright-line probable-cause exception, the exact reach of a good-faith/probable-cause defense in Arkansas remains fact-specific — a specific controlling Arkansas Supreme Court holding squarely adopting a probable-cause exception is UNVERIFIED. Anyone holding a bequest under a will with such a clause should have an Arkansas attorney review the clause language before filing anything. (Note: revocable trust contests run on a separate track, Ark.

Code Ann. § 28-73-604.)

The Steps to Contest a Will in Arkansas

Step one is the deadline check above. Step two is evidence: the medical records around the signing date, the names of the witnesses, the drafting lawyer’s file, and the financial records that show who benefited.

Step three is the filing — Written “grounds of objection” to the probate of the will (commonly styled a petition/objection to probate, or a petition to set aside probate of will when the will has already been admitted), filed in the estate’s existing probate case — § 28-40-113(a) requires the contestant to state the grounds of objection in writing and file them in the court.

Related pleadings include a petition for determination of heirship under Ark. Code Ann. § 28-53-101.. Step four is discovery and, in most cases, a settlement conference; the small minority that reach trial are decided by the judge.

Settling Instead of Fighting

YES. Arkansas courts favor family settlement agreements: such agreements are upheld where there is no fraud, imposition, or overreaching, and courts construe them to find the real intent of the parties (long-standing Arkansas case law, summarized in the Arkansas Circuit Courts Judges’ Benchbook, Probate Division).

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Distribution of an estate under an agreement among the interested parties is contemplated by Arkansas probate practice, and mediation is available in Arkansas circuit courts under the Arkansas Alternative Dispute Resolution Act, Ark. Code Ann. § 16-7-101 et seq., administered by the Arkansas ADR Commission.

Many Arkansas will contests are resolved by agreement before trial; the agreement is normally presented to the probate division for approval before the estate is distributed.

Other Arkansas rules: (1) ANTE-MORTEM PROBATE — Arkansas is one of a small number of states allowing a will to be validated while the testator is still alive. Under the Arkansas Ante-Mortem Probate Act of 1979, Ark.

Code Ann. §§ 28-40-201 to 28-40-203, a person who has executed a will disposing of property in Arkansas may bring a declaratory judgment action, joining the beneficiaries and the intestate heirs, to have the will declared valid before death — which can foreclose a later contest.

(2) NO RIGHT TO CONTEST EXCEPT BY STATUTE — Arkansas courts hold there is no common-law right to contest; the § 28-40-113 procedure and its time limits are exclusive, so a missed deadline generally ends the matter. (3) THE PROCUREMENT / BEYOND-A-REASONABLE-DOUBT BURDEN SHIFT described above is unusually favorable to contestants compared with most states.

(4) 5-YEAR OUTER LIMIT — no will may be admitted to probate and no administration granted unless application is made within 5 years of death, Ark. Code Ann. § 28-40-103, subject to an exception where a will was fraudulently concealed and for nonresidents’ wills as to Arkansas real property. (5) GOOD-FAITH LITIGATION ALLOWANCE — Ark.

Code Ann. § 28-48-109 permits a court-ordered allowance from the estate for good-faith prosecution or defense of a will’s probate. (6) HOLOGRAPHIC WILLS are valid in Arkansas (§ 28-25-104) but must be proved by 3 credible disinterested witnesses to the handwriting and signature, a higher bar than for attested wills.

(7) INTERVENING PURCHASERS — a successful contest does not automatically undo transfers to good-faith purchasers who acquired an interest before the objections were filed, Ark. Code Ann. § 28-40-115. (8) Arkansas has no separate surrogate’s court and no jury of right in probate.

The Evidence That Wins or Loses a Will Contest

Capacity cases turn on the weeks around the signing: the medical chart, prescriptions, a dementia diagnosis, and what the drafting lawyer and the witnesses saw that day. A will signed in a lawyer’s office with two disinterested witnesses and a self-proving affidavit is hard to attack; a will signed at a kitchen table with the main beneficiary present is not.

Undue influence cases turn on the relationship — who drove the parent to the appointment, who chose the lawyer, who was in the room, and whether the new will departed sharply from earlier ones and from what the parent said to other people.

Improper execution is the narrowest ground and the cleanest: Arkansas sets exact witness and signature rules, and a will that misses them fails regardless of what the signer intended. Before you contest a will in Arkansas, gather the prior wills, the medical releases, and the names of everyone at the signing.

Most of that evidence has to be requested formally once the case is filed, and the deadline does not wait for it.

What to Expect When You Contest a Will in Arkansas

A will contest is a lawsuit about the document, not about fairness. When you contest a will in Arkansas, the court asks whether the person who signed it had capacity, signed it freely, and signed it correctly. It does not ask whether the split was reasonable. That is why the strongest cases rest on medical records and witness accounts from the weeks around the signing.

Most families who contest a will in Arkansas settle. Courts encourage it, many states have family settlement rules that let the heirs agree to a different division, and a settlement avoids the cost and delay of trial. The deadline, the grounds, and the no-contest clause above are the three facts that set your bargaining position before any of that begins.

You don’t have to do this alone

If you are settling a loved one’s estate in Arkansas, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Key Takeaways: Contest a Will in Arkansas

  • The deadline is everything: the window to contest a will in Arkansas closes on a fixed schedule, and the court cannot reopen it for a late but valid claim.
  • Grounds are specific: you contest a will in Arkansas on capacity, undue influence, fraud, duress, or bad execution, never on unfairness alone.
  • Standing first: only an interested person can contest a will in Arkansas; check whether you inherit under the prior will or the intestate rules.
  • Read the no-contest clause: whether the state enforces it decides how much risk it takes to contest a will in Arkansas.
  • Evidence is medical and financial: records, witnesses to the signing, and the drafting lawyer’s file decide most cases when you contest a will in Arkansas.
  • Settlement is common: most families who contest a will in Arkansas settle before trial, often through the state’s family settlement rules.
  • Find the admission date: the day the will was admitted is the day the clock to contest a will in Arkansas usually starts.
  • Prior wills matter twice: they give you standing to contest a will in Arkansas and show how far the last will departed from the pattern.
  • Notice defects are a lifeline: if you never got the required notice, you may still contest a will in Arkansas after the ordinary deadline.
  • Self-proved wills are harder: a will with a notarized witness affidavit raises the bar to contest a will in Arkansas on execution grounds.
  • Cost scales with the estate: before you contest a will in Arkansas, compare the likely fees to what you would actually gain.
  • Mediation is usually offered: many courts require a settlement conference before anyone who chooses to contest a will in Arkansas sees a judge.

Quick Answers: Contest a Will in Arkansas

How long do you have to contest a will in Arkansas?

A fixed period that starts on a specific event, usually the will’s admission to probate or the notice to heirs. It is short in some states and long in others, and missing it ends the case.

What does it cost to contest a will in Arkansas?

Contested cases commonly run into five figures, and some lawyers take strong cases on contingency. Compare the cost to the amount you would gain if the will fails.

Can you contest a will in Arkansas after probate closes?

Rarely. Once the deadline passes, the remaining routes are narrow — usually proof that you never received the notice the law required.

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Official Arkansas Sources & Resources

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

More Arkansas Estate 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.