How to Make a Will in Arkansas (2026 Guide)

A will made in Arkansas must be signed by you and by 2 witnesses to be valid. Yes (Ark. Code § 28-25-106). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Arkansas will covers, generated from the same rules.

Make my free Arkansas will

Arkansas will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Ark. Code § 28-25-103
Financial POA statute	Ark. Code § 28-68-101 et seq. (Arkansas Uniform Power of Attorney Act, 2012)
Healthcare directive statute	Ark. Code § 20-6-101 et seq. (Arkansas Healthcare Decisions Act, 2013); living will under Ark. Code § 20-17-201 et seq. (Arkansas Rights of the Terminally Ill or Permanently Unconscious Act)

Witnesses

Two witnesses, each at least 18 years old and generally competent to be a witness (Ark. Code § 28-25-102(a)). The testator must declare to the attesting witnesses that the instrument is the testator's will, sign it at the end (or acknowledge the signature) in the presence of the witnesses, and the witnesses must sign at the testator's request and in the testator's presence (Ark. Code § 28-25-103). Arkansas voids a gift to a witness or the witness's spouse unless the will is also attested by two other disinterested witnesses; the interested witness may still take what he or she would have received without the will (Ark. Code § 28-25-102(b)). Use witnesses who take nothing under the will. The safest practice is for everyone to sign together in one sitting.

Do you need a notary in Arkansas?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Ark. Code § 28-25-106). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Arkansas

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses, each at least 18 years old and generally competent to be a witness (Ark. Code § 28-25-102(a)). The testator must declare to the attesting witnesses that the instrument is the testator's will, sign it at the end (or acknowledge the signature) in the presence of the witnesses, and the witnesses must sign at the testator's request and in the testator's presence (Ark. Code § 28-25-103). Arkansas voids a gift to a witness or the witness's spouse unless the will is also attested by two other disinterested witnesses; the interested witness may still take what he or she would have received without the will (Ark. Code § 28-25-102(b)). Use witnesses who take nothing under the will. The safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Ark. Code § 28-25-106). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Arkansas has no general statute for lifetime deposit of a will with the court.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse who has been married to the decedent for at least one year may elect to take against the will and receive dower or curtesy (Ark. Code § 28-39-401). If there are surviving children or descendants, that is a life estate in one-third of the real property and one-third of the personal property outright; if there are no descendants, it is one-half of the real property (a life estate as to ancestral property) and one-half of the personal property, subject to creditors (Ark. Code §§ 28-11-301 to 28-11-307). The spouse also receives homestead rights and statutory allowances (Ark. Code §§ 28-39-101, 28-39-201).

Homestead

A surviving spouse and minor children have a constitutional right to occupy the homestead regardless of what the will says (Ark. Const. art. IX, §§ 3 to 6; Ark. Code § 28-39-201). A devise of the homestead takes effect subject to that right. The homestead is also exempt from most creditors.

If you die without a will in Arkansas

If you die without a will in Arkansas and leave no descendants, your spouse takes everything if you were married at least three years; if married less than three years, the spouse takes half and the rest goes to your parents or siblings. If you leave descendants, your spouse receives only dower or curtesy (a life estate in one-third of your real property and one-third of your personal property) and your descendants take the rest (Ark. Code § 28-9-214). With no spouse, everything passes to descendants, then parents, then siblings. More on intestacy.

Other estate-planning documents in Arkansas

• Durable financial power of attorney: Ark. Code § 28-68-101 et seq. (Arkansas Uniform Power of Attorney Act, 2012). The power of attorney must be signed by the principal (or by another in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (Ark. Code § 28-68-105). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county recorder before using it for real estate.
• Advance healthcare directive: Ark. Code § 20-6-101 et seq. (Arkansas Healthcare Decisions Act, 2013); living will under Ark. Code § 20-17-201 et seq. (Arkansas Rights of the Terminally Ill or Permanently Unconscious Act). A power of attorney for health care must be in writing and signed by the principal, and Arkansas requires that the signature be witnessed by two adults or acknowledged before a notary public (Ark. Code § 20-6-103). A living will declaration under the Rights of the Terminally Ill Act must be signed in the presence of two witnesses (Ark. Code § 20-17-202). To be safe, sign the combined directive before two adult witnesses who are not the agent, not related to you and not your health care provider, and have it notarized as well. No statutory form is mandatory.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Ark. Code § 28-25-107).

Arkansas notes

• Arkansas retains dower and curtesy, so a surviving spouse married at least one year has a guaranteed interest in your property regardless of the will (Ark. Code § 28-39-401).
• Arkansas recognizes holographic wills where the entire body and signature are in the testator's handwriting, proved by three credible disinterested witnesses to the handwriting (Ark. Code § 28-25-104); a typed, witnessed will is far easier to prove.

Frequently asked questions

How many witnesses does a will need in Arkansas?

Arkansas requires 2 witnesses (Ark. Code § 28-25-103). Two witnesses, each at least 18 years old and generally competent to be a witness (Ark. Code § 28-25-102(a)). The testator must declare to the attesting witnesses that the instrument is the testator's will, sign it at the end (or acknowledge the signature) in the presence of the witnesses, and the witnesses must sign at the testator's request and in the testator's presence (Ark. Code § 28-25-103). Arkansas voids a gift to a witness or the witness's spouse unless the will is also attested by two other disinterested witnesses; the interested witness may still take what he or she would have received without the will (Ark. Code § 28-25-102(b)). Use witnesses who take nothing under the will. The safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Arkansas?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Arkansas have a self-proving affidavit?

Yes (Ark. Code § 28-25-106). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Arkansas?

Yes, Arkansas recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Arkansas?

A surviving spouse who has been married to the decedent for at least one year may elect to take against the will and receive dower or curtesy (Ark. Code § 28-39-401). If there are surviving children or descendants, that is a life estate in one-third of the real property and one-third of the personal property outright; if there are no descendants, it is one-half of the real property (a life estate as to ancestral property) and one-half of the personal property, subject to creditors (Ark. Code §§ 28-11-301 to 28-11-307). The spouse also receives homestead rights and statutory allowances (Ark. Code §§ 28-39-101, 28-39-201).

What happens if I die without a will in Arkansas?

If you die without a will in Arkansas and leave no descendants, your spouse takes everything if you were married at least three years; if married less than three years, the spouse takes half and the rest goes to your parents or siblings. If you leave descendants, your spouse receives only dower or curtesy (a life estate in one-third of your real property and one-third of your personal property) and your descendants take the rest (Ark. Code § 28-9-214). With no spouse, everything passes to descendants, then parents, then siblings.

Is a no-contest clause enforceable in Arkansas?

Arkansas has no statute on no-contest clauses. Arkansas courts have enforced them (see Seymour v. Biehslich, 371 Ark. 359 (2007)), but they are strictly construed and a challenge that does not actually contest the validity of the will may not trigger forfeiture. Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.