Arkansas State Form

Arkansas Last Will and Testament

Generate a last will and testament tailored to Arkansas law. Our AI incorporates AR-specific statutory requirements, disclosure obligations, and legal standards into every document.

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Arkansas Legal Requirements

Key AR statutes and obligations that apply to your last will and testament.

Requirements

  • Governed by Ark. Code Ann. §28-25-101 et seq.
  • Must be in writing, signed by the testator (or at the testator's direction in their presence), and attested by two witnesses
  • Witnesses must sign in the testator's presence and must be at least 18 years old
  • Testator must be at least 18 years old and of sound mind
  • Holographic wills (entirely handwritten and signed) are valid under §28-25-104
  • Probate filed in the Circuit Court (Probate Division) of the county where the testator resided

Restrictions & Limits

  • Surviving spouse is entitled to a statutory elective share of one-third of the decedent's estate
  • Children born or adopted after the will is executed are entitled to their intestate share unless the will provides for them
  • Arkansas has no state estate or inheritance tax

Official Statute References

Primary Arkansas statutes governing this document type.

Arkansas Last Will and Testament FAQ

Common questions about last will and testaments under Arkansas law.

Does Arkansas have an estate tax?

No. Arkansas does not impose a state estate tax or inheritance tax. The federal estate tax applies to estates exceeding the federal exemption ($13.61 million in 2024). This makes Arkansas favorable for estate planning compared to states with their own estate taxes.

Are holographic wills valid in Arkansas?

Yes. Under §28-25-104, a holographic will — entirely written and signed in the testator's own handwriting — is valid in Arkansas without witnesses. It need not be dated to be valid, though dating is strongly recommended to establish the will's timeline relative to other documents.

What is the spousal elective share in Arkansas?

A surviving spouse in Arkansas may elect to take one-third of the deceased spouse's estate rather than accepting what was left in the will. This right must be exercised within 9 months of death or 6 months after the will is admitted to probate, whichever is later.

How is property distributed in Arkansas if there is no will?

Under Arkansas intestate succession (§28-9-201 et seq.), the estate passes first to the surviving spouse and children. If none, to parents, then siblings, and then more distant relatives. A surviving spouse's share varies depending on whether there are surviving children and whether they are children of the marriage.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.