Arkansas will requirements

Minimum Age Requirement

• 18 years old
• Reference: Arkansas Code § 28-25-101

Mental Capacity Requirements

• The testator must be of "sound mind"
• Must have testamentary capacity:

- Understanding the nature and extent of their property - Knowing the natural objects of their bounty (family and heirs) - Understanding they are making a will - Understanding how the will disposes of their property - Ability to form a rational plan for disposing of their estate

Signature Requirements

• The will must be signed by the testator
• If the testator cannot sign, they may make their mark (such as an "X")
• Another person may sign on behalf of the testator in their presence and at their direction
• Reference: Arkansas Code § 28-25-103

Witness Requirements

• Two (2) witnesses required
• Both witnesses must sign in the presence of the testator
• Witnesses must be competent and credible
• Interested witnesses: May serve as a witness, but may only receive what they would have received under intestate succession unless there are two other disinterested witnesses (§ 28-25-102)
• Reference: Arkansas Code § 28-25-103

Notarization Requirements

• Not required for a will to be valid
• Notarization is required to make a will self-proving

Holographic (Handwritten) Wills

• VALID in Arkansas
• Must be entirely written in the testator's own handwriting
• Must be signed by the testator
• No witnesses required at execution
• The handwriting must be proven by three (3) credible witnesses during probate
• Reference: Arkansas Code § 28-25-104

Video Wills

• NOT valid as a standalone will
• Video recordings cannot substitute for a written will

Self-Proving Affidavit Requirements

• A will may be made self-proving
• Requires an affidavit attached to the will, signed by the testator, both witnesses, and a notary public
• The affidavit must state the proper execution of the will
• A self-proving will may be admitted to probate without further testimony
• Reference: Arkansas Code § 28-25-106

Guardian Designation

Naming a Guardian in Your Will

• A will is the primary legal mechanism for designating a guardian for minor children
• The court gives strong weight to your named choice but always applies a "best interests of the child" standard
• Name both a primary guardian and an alternate guardian in case your first choice is unable or unwilling to serve

What Courts Consider

• Your expressed preference (named in will)
• The guardian's relationship with the child
• The guardian's ability to provide care, stability, and continuity
• Geographic proximity and disruption to the child's life
• The child's own preferences (typically considered for children 12+, varies by state)

Limitations

• A guardian named in a will is not automatically appointed — probate court must formally appoint them
• Courts can override your named guardian if circumstances warrant
• A guardian cannot be legally appointed until the court acts — name a standby guardian or make arrangements for immediate temporary care

Best Practices

• Discuss your choice with the person before naming them
• Consider naming successor guardians
• Update your will if your chosen guardian's circumstances change

State-Specific Notes

• Standard approach: will designation is strong evidence of testator's intent; probate court must formally appoint the guardian

Digital Assets

Authorization in Your Will

• RUFADAA adopted: Yes (2017)
• Under RUFADAA, you can authorize your executor to access, manage, distribute, or delete digital assets in your will
• Without explicit authorization, digital service providers may deny access even to executors

What to Include in Your Will

• Online accounts (email, social media, cloud storage)
• Cryptocurrency and digital wallets (include instructions for accessing private keys separately — never in the will itself, which becomes public record)
• Domain names, websites, online businesses
• Digital photos, files stored in cloud services
• Subscription services and stored value accounts

Key Guidance

• Name your digital executor explicitly if possible (can be same as your main executor)
• Store login credentials and recovery keys in a secure password manager or safe deposit box — reference the location in your will without listing the credentials themselves
• Review digital asset provisions with beneficiaries so they know what exists

Electronic Wills (E-Wills)

What is an Electronic Will?

An electronic will (e-will) is a will created, signed, and witnessed entirely in digital form — using electronic signatures and remote online witnessing or notarization. This is distinct from a video will (a video recording), which is not valid anywhere.

Arkansas Status

• E-wills: Not established — Arkansas has not enacted e-will legislation
• A traditional paper will with physical signatures and in-person witnesses is required
• Electronic signatures on a will are not recognized

> Note: Electronic will laws are evolving rapidly across the US. Several states have enacted legislation since 2017. Verify current Arkansas law before assuming e-wills remain unavailable.

Official sources

• Arkansas Code Title 28 - Wills, Estates and Fiduciary Relationships ↗
• Arkansas Judiciary ↗