Do I need a lawyer to make a will in Arkansas?

Arkansas does not require an attorney to make a will, but the execution requirements (2 witnesses, proper signing) must be followed exactly [§ 28-25-101]. Errors can invalidate the entire document. An attorney helps ensure the will is properly executed and addresses your specific situation.

What happens if I die without a will in Arkansas?

Your assets pass according to Arkansas's intestacy laws — a fixed statutory formula based on family relationships [§ 28-25-101]. This may not match your wishes, and the court will appoint an administrator to manage the estate.

Does a living trust avoid probate in Arkansas?

Yes. Assets properly transferred into a revocable living trust during your lifetime avoid probate entirely [§ 28-73-101]. However, any assets not transferred into the trust may still require probate — this is a common planning mistake.

What is a power of attorney and do I need one?

A power of attorney authorizes someone you trust to handle financial or legal matters on your behalf. In Arkansas, powers of attorney are durable by default [§ 28-68-101]. Without one, your family may need an expensive court proceeding if you become unable to manage your affairs.

What is the difference between a living will and a healthcare proxy?

A living will states your treatment preferences (e.g., no life support). A healthcare proxy names a person to make medical decisions for you. Most estate planning attorneys recommend having both.

OverviewUpdated 2026-02-27

Arkansas Estate Planning Guide — Wills, Trusts & More

Wills, trusts, powers of attorney, and advance directives — protecting your family and your wishes

Jump to:

Wills — Requirements & Types Explained Living Trusts — Revocable & Irrevocable Power of Attorney — Types & How to Create Advance Directives & Living Wills Guardianship for Minor Children — How to File Beneficiary Designations & TOD Accounts What to Do When Someone Dies in Arkansas — First Steps

Planning Ahead or Settling an Estate

Estate planning serves two groups of people at once. If you are planning ahead, it is about making sure your wishes are followed and your family is protected — through a will, trust, powers of attorney, and healthcare directives. If someone in your family has recently passed away, these same documents (or the absence of them) control what happens next. Either way, the starting point is the same: understanding what tools exist and which ones apply to your situation.

📝

Make a Will

name heirs & guardian

🏦

Set Up a Trust

avoid probate

📋

Power of Attorney

financial decisions

❤️

Healthcare Directive

medical wishes

💳

Beneficiary Review

accounts & policies

🔍

Locate Documents

will, trust, policies

📨

Notify & File

court, agencies, banks

📊

Inventory Assets

property & debts

⚖️

Settle the Estate

probate or trust admin

✅

Distribute

to heirs & beneficiaries

Requirements vary by state. This is a general overview, not legal advice.

Making a valid will in Arkansas

To make a valid will in Arkansas, you must be at least 18 years old and of sound mind. The will must be in writing, signed by the Testator, and witnessed by 2 competent witnesses §28-25-101. A self-proving affidavit §28-25-106 allows the will to be admitted to probate without requiring witnesses to testify.

Arkansas also recognizes holographic (handwritten) wills §28-25-104, though a formally witnessed will is always preferred.

Arkansas recognizes holographic wills if entirely in the testator's handwriting and signed (Ark. Code Ann. § 28-25-104). Nuncupative (oral) wills are permitted in limited circumstances. A self-proving affidavit simplifies probate admission.

Trusts and avoiding probate

Trust law in Arkansas is governed by Arkansas Trust Code (Ark. Code Ann. § 28-73-101 et seq.) §28-73-101.

A revocable living trust is the primary tool for avoiding Probate in Arkansas. Property transferred into the trust during your lifetime passes to beneficiaries according to the trust terms — without court involvement, publication, or the delays associated with probate.

Arkansas does not currently allow transfer-on-death (TOD) deeds for real estate — a trust or other planning method is needed to avoid probate on real property.

Will vs. trust: which do you need?

	Will	Revocable trust
Takes effect	After death §28-25-101	Immediately (you manage it while alive) §28-73-101
Avoids Probate	No — goes through probate court §28-25-101	Yes — assets in trust skip probate §28-73-101
Privacy	Public record once filed	Remains private
Incapacity planning	No — only covers death	Yes — successor Trustee steps in §28-73-101
Cost to create	Lower	Higher
Ongoing maintenance	None	Must transfer assets into the trust
Who needs it	Everyone — baseline document	Homeowners, larger estates, privacy-focused

💡Most estate plans benefit from both a will and a trust. The will serves as a safety net (pour-over will) for assets not transferred into the trust during your lifetime.

Powers of attorney

In Arkansas, a Power of attorney is durable by default — it remains effective even if the principal becomes incapacitated §28-68-101.

A financial Power of attorney lets someone you choose manage your finances, pay bills, and handle property if you become unable to do so. Without one, your family may need to petition the court for a conservatorship — a costly and time-consuming process §28-65-201.

Healthcare directives

Arkansas recognizes advance directives §20-17-201 that let you state your wishes for medical treatment if you cannot speak for yourself. A healthcare proxy §20-17-202 designates someone to make healthcare decisions on your behalf.

Arkansas recognizes advance directives and healthcare proxies under the Healthcare Decisions Act (Ark. Code Ann. § 20-17-201 et seq.). The directive must be signed and witnessed by two adults, or notarized.

Power of attorney vs. healthcare directive

	Financial Power of attorney	advance directive	healthcare proxy
Purpose	Manage finances and property §28-68-101	State treatment preferences §20-17-201	Name a healthcare decision-maker §20-17-202
When it activates	Immediately or upon incapacity §28-68-101	When you cannot communicate	When you cannot make medical decisions
Who acts	Your chosen agent	No one — it speaks for you	Your chosen proxy
Scope	Bank accounts, bills, property, taxes	End-of-life treatment, life support	All medical decisions on your behalf
Ends	Death or revocation	Death or revocation	Death or revocation
Required?	Not legally, but practically essential	Recommended for everyone	Recommended for everyone

Guardianship for minor children

If you have children under 18, your will is the primary way to nominate a guardian §28-65-101. Without a nomination, the court decides — and the result may not match your wishes. Naming a guardian in your will does not guarantee the appointment, but it carries significant weight with the court.

Estate and inheritance taxes

Arkansas does not impose a separate state estate tax or inheritance tax. Only the federal estate tax (currently $13.61 million per person §26 U.S.C. § 2010) applies.

✓Estate planning is not just for the wealthy. Anyone with minor children, a home, retirement accounts, or specific wishes about medical care benefits from having basic documents in place. The cost of planning is almost always less than the cost of not planning.

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