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Do You Need a Will in Arkansas? How Wills Work & What Families Should Know.

If you’ve ever said: “I know I need a will… I just haven’t gotten around to it.”


You are definitely not alone. A will is probably the estate-planning document most people have heard of, but there are still plenty of misconceptions about what a will actually does.


Does it keep your family out of probate?

Does it have to be notarized?

Can you write one yourself?

And what happens if you die without one?


Let’s break it down in plain English.

Wills: What They Are, How They Work & What Arkansas Families Should Know.
Wills: What They Are, How They Work & What Arkansas Families Should Know.

Important: TNA Mobile Notary & Apostille Services is not a law firm, and we do not provide legal advice, draft legal documents, or tell clients what type of estate plan they should create.


Our goal here is education, giving you the basic facts and resources so you can ask the right questions and make informed decisions.


So, What Exactly Is a Will?

A Last Will and Testament is a legal document that provides instructions about what should happen to certain property after your death.


Depending on your circumstances, a will can:


- Name the person you want to handle your estate

- Identify who should receive certain property

- Nominate guardians for minor children

- Provide instructions for property passing through your estate

- Create certain trusts that begin after your death

- Address property that does not already pass through another method


The person making the will is called the testator.


The person ultimately appointed to administer the estate may be called the personal representative or executor.


Does Having a Will Keep My Family Out of Probate?

Not necessarily. This is one of the biggest misconceptions surrounding wills.


A will provides instructions about how you want your estate handled, but the will itself may still need to go through probate.


Probate is the court-supervised process used to identify estate property, address qualifying debts and claims, and distribute the remaining property.


Arkansas provides official probate forms for matters involving wills, personal representatives, and estate administration.



So: Having a will and avoiding probate are NOT the same thing.


What Makes a Will Valid in Arkansas?

For a traditional Arkansas will, state law generally requires the signature of the person making the will and at least two witnesses.


Arkansas law also establishes requirements for how the testator and witnesses execute the document.



Does My Will Have to Be Notarized?

A notary does not replace the witnesses required to properly execute a traditional Arkansas will.


However, notarization may come into play with an affidavit from the attesting witnesses.

That affidavit may help establish the will during an uncontested probate without requiring the witnesses to personally testify before the court.


 "Arkansas Code § 28-25-106 – Affidavit of Attesting Witness" https://law.justia.com/codes/arkansas/title-28/subtitle-3/chapter-25/section-28-25-106/

So remember: Witnessing and notarization perform different functions.


Can I Write My Own Will?

Potentially, yes.


Arkansas law does not require every will to be drafted by an attorney.


Some people choose to:

- Draft their own

- Use a state-specific template

- Use an online estate-planning service

- Hire an Arkansas estate-planning attorney


Arkansas even recognizes certain holographic wills, which are wills written entirely in the testator's own handwriting. But holographic wills have their own requirements.

After death, at least three credible disinterested witnesses may be needed to establish that the handwriting and signature belonged to the testator.



The important distinction is: Being allowed to prepare something yourself does not necessarily mean DIY estate planning is appropriate for every situation.


Blended families, businesses, minor children, special-needs beneficiaries, significant property or complicated family circumstances can make estate planning considerably more complex.


The Pros & Cons of a Will


 Possible Advantages:


- Generally less expensive to create than a trust-based estate plan

- Usually simpler to prepare

- Allows you to identify beneficiaries

- Allows you to nominate guardians for minor children

- Lets you name who you want handling your estate

- Can generally be changed while you have legal capacity

- May be sufficient for some straightforward estates


 Possible Disadvantages:


- A will does not generally avoid probate

- Probate can create public court records

- Estate administration can take time

- A will only becomes operative at death

- It does not itself provide ongoing management of your assets if you become incapacitated

- Some assets may pass according to beneficiary designations or ownership arrangements rather than your will


What Might a Will-Based Estate Plan Cost in Northwest Arkansas?

There isn't one universal price.


Cost depends on your family, property and the number and complexity of documents included.


As one current local example, a Northwest Arkansas estate-planning firm publishes flat-fee pricing beginning around:

- $1,600 for an individual will-based estate plan

- $2,600 for a couple with a will-based estate plan


Those packages include additional estate-planning documents, so those figures should not be interpreted as the price of simply having one standalone will drafted.


 "DeWitt & Daniels – Published Estate-Planning Pricing" https://www.dewitt.law/estate-planning-attorney/

Prices vary between attorneys and plans, so ask exactly what is included before comparing prices.


What Should I Gather Before Creating My Will?


Doing some homework beforehand can make the process much easier.

Start gathering:


-  Full legal names of your spouse, children and intended beneficiaries

-  Information about your home, land and other real estate

-  Vehicles and valuable personal property

-  Business ownership information

-  Bank and investment accounts

-  Retirement accounts

-  Life insurance information

-  Current beneficiary designations

-  The person you would want handling your estate

-  Your preferred guardian and backup guardian if you have minor children


This is also a great time to actually check your beneficiary designations rather than assuming you remember who is listed.


What If I Have a Small Estate?

Arkansas has a simplified procedure available for certain qualifying small estates.


Among other requirements, at least 45 days generally must have passed since death, and the qualifying estate must fall within the statutory value limitation.


The current statute generally uses a $100,000 threshold, subject to the exclusions and requirements described in the law.


 "Arkansas Code § 28-41-101 – Collection of Small Estates" https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-41/section-28-41-101/

Arkansas Judiciary also provides an official Affidavit for Collection of Small Estate by Distributee.



When Might I Want to Talk to an Attorney?


You may want individualized legal guidance if your situation involves:


- A blended family

- Minor children

- Special-needs beneficiaries

- A family business

- Multiple properties

- Property in multiple states

- Complicated family relationships

- Someone you specifically want to exclude

- Unequal inheritances

- Significant assets or debts

- Tax or creditor concerns


An attorney can evaluate your specific circumstances and give you legal advice.

A template and a notary cannot.


 Where Does TNA Mobile Notary Come In?

At TNA Mobile Notary & Apostille Services, we do not draft your will or provide legal advice.


We do not decide:


- Who your beneficiaries should be

- What your will should say

- Whether a particular will is appropriate for you

- Whether your estate plan is legally sufficient

What we can do is perform requested notarial acts on properly prepared documents and assist with the signing logistics when appropriate.

Where witnesses are needed, we can also discuss available witness services for your appointment.


Quick Links & Resources

Want to dig a little deeper?


-  "Arkansas Judiciary – Self-Help Resources" https://arcourts.gov/courts/supreme-court/library/self-help

-  "Arkansas Code § 28-25-103 – Will Execution Requirements" https://law.justia.com/codes/arkansas/title-28/subtitle-3/chapter-25/section-28-25-103/


Final Thoughts

A will doesn't have to be something you think about only when you're older, sick or facing an emergency.


It's simply a way of putting your wishes in writing.

Who handles things?

Who receives what?

Who cares for your minor children?

And what instructions are you leaving behind?

A will may be sufficient for some families. Others may benefit from a more comprehensive estate plan involving a trust.


And that's exactly what we'll tackle next.


Next Up: Trusts — What They Are, How They Work & the Difference Between Revocable and Irrevocable Trusts


Learn. Ask questions. Make a plan. And when your properly prepared documents are ready for notarization, TNA Mobile Notary & Apostille Services is here to help with the notarial side of the process. 


This article is provided for general educational purposes only and is not legal, tax, financial or estate-planning advice. Laws and individual circumstances can change. Consult an Arkansas-licensed attorney or other qualified professional regarding your individual circumstances.









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