State requirements
Making a will in Arkansas
Arkansas requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Arkansas has traditional will requirements. Arkansas recognizes holographic wills. Arkansas is NOT a community property state but has dower/curtesy rights.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Ark. Code § 28-25-101 | 18+ and of sound mind |
| Execution Requirements | Ark. Code § 28-25-103 | Written, signed, 2 witnesses |
| Holographic Wills | Ark. Code § 28-25-104 | Entirely in testator's handwriting |
| Self-Proving | Ark. Code § 28-25-106 | Available with affidavit |
| Dower/Curtesy | Ark. Code § 28-11-301 | Spousal property rights |
Execution Requirements
ARKANSAS WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested by 2 credible witnesses
✓ Witnesses sign in testator's presence
HOLOGRAPHIC WILLS:
✓ Entirely in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Dower/Curtesy Rights
ARKANSAS DOWER/CURTESY:
- Surviving spouse has dower/curtesy rights
- 1/3 of real property for life
- 1/3 of personal property absolutely
- These rights cannot be defeated by will
Checklist for Arkansas Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 credible witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will entirely in testator's handwriting
Arkansas will questions, answered
Can I make a will online in Arkansas?
Yes. Arkansas does not require a lawyer to draft a will. A will created online is valid in Arkansas when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Arkansas?
Arkansas requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Arkansas require a will to be notarized?
No. Witnesses make a will valid in Arkansas, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Arkansas?
Yes, Arkansas recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Arkansas?
A valid Arkansas will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Arkansas law, not legal advice. Statutes change — verify current requirements or consult a licensed Arkansas attorney for complex situations.