Is an Online Will Legal in Arkansas?
An online service can prepare a valid Arkansas will, but execution is on paper and stricter than most states: the testator must declare to the witnesses that the instrument is his or her will, sign at the end of the instrument in the presence of two or more attesting witnesses, and the witnesses must sign at the testator's request and in the testator's presence. Arkansas also recognizes unwitnessed holographic wills written entirely in the testator's hand.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Arkansas will.
Sign it fully remotely
Paper signingWhether Arkansas recognizes an electronic will executed without an in-person paper signing.
What this means for you
Arkansas does not recognize electronic wills, so fully remote execution is not an option. Sign at the end of the document; that placement is a statutory requirement here, not a convention. A holographic will needs three disinterested people to prove the handwriting at probate, a heavier burden than the two attesting witnesses of a typed will, so the witnessed route is usually the safer one.
What Arkansas Law Requires
The governing law is Ark. Code Ann. tit. 28, subtit. 3, ch. 25 (Execution and Revocation), §§ 28-25-101 to 28-25-109. Each rule below links to the official source it was read from.
| Requirement | The Arkansas rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound mind. | Ark. Code Ann. § 28-25-101 |
| Written document | Required. | Ark. Code Ann. § 28-25-103 |
| Signature | The testator signs, at the end of the instrument. The testator may sign by mark, with the testator's name written near it and witnessed by a person who writes his or her own name as witness to the signature, or may, in his or her presence, have someone else sign the testator's name; the person so signing must write his or her own name and state that he or she signed the testator's name at the request of the testator (§ 28-25-103(b)(1)(C)-(D)). | Ark. Code Ann. § 28-25-103(b) |
| Witnesses | 2. The testator must declare to the attesting witnesses that the instrument is his or her will, and the signing or acknowledgment must be done in the presence of two or more attesting witnesses (§ 28-25-103(b)). The attesting witnesses must sign at the request and in the presence of the testator (§ 28-25-103(c)). The statute does not require the witnesses to sign in each other's presence. | Ark. Code Ann. § 28-25-103 |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Ark. Code Ann. § 28-25-106 |
Signing Day in Arkansas
The testator must declare to the attesting witnesses that the instrument is his or her will, and the signing or acknowledgment must be done in the presence of two or more attesting witnesses (§ 28-25-103(b)). The attesting witnesses must sign at the request and in the presence of the testator (§ 28-25-103(c)). The statute does not require the witnesses to sign in each other's presence.
An attesting witness must be eighteen (18) years of age or older and competent to be a witness generally in Arkansas (§ 28-25-102(a)).
The self-proving step worth adding
Any attesting witness may make and sign an affidavit stating the facts he or she would be required to testify to in an uncontested probate proceeding, and the affidavit is accepted by the circuit court with the same effect as if the witness's testimony had been taken before the court (§ 28-25-106). In uncontested probates generally, the testimony of the required witnesses may be taken by affidavit (§ 28-40-118(a)). Arkansas has no Uniform Probate Code style 'self-proved will' statute with a conclusive presumption; a search of the official portal for 'self-proved' returns no such provision. Timing: at any time: on the witness's own initiative, at the request of the testator, or after the testator's death at the request of the executor or any interested person.
Choose witnesses carefully
No will is invalidated because attested by an interested witness, but an interested witness, unless the will is also attested by two qualified disinterested witnesses, forfeits so much of the provision made for him or her as in the aggregate exceeds in value, as of the date of the testator's death, what he or she would have received had the testator died intestate. No attesting witness is interested unless the will gives him or her some beneficial interest by way of devise, and an attesting witness, even though interested, may be compelled to testify with respect to the will.
Shortcuts Arkansas Does and Does Not Recognize
Handwritten (holographic) wills
YesThe entire body of the will and the signature must be written in the proper handwriting of the testator. The will may then be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding there are no attesting witnesses to the will (§ 28-25-104). The statute does not require a date.
The three disinterested witnesses prove the handwriting at probate; no one needs to witness the signing itself. (Ark. Code Ann. § 28-25-104)
Oral wills
NoArkansas's execution chapter authorizes only written wills, attested (§ 28-25-103, with the signature at the end of the instrument) or holographic (§ 28-25-104), and a full-text search of the official code portal for 'nuncupative' returns no provision anywhere in the code. (Ark. Code Ann. § 28-25-103)
Electronic wills
NoArkansas has no electronic-wills statute: a full-text search of the official code portal for 'electronic will' returns no provision, and the execution chapter requires a signature at the end of the instrument with witnesses signing in the testator's presence. The Uniform Electronic Transactions Act expressly does not apply to a transaction governed by a law governing the creation and execution of wills, codicils, or testamentary trusts (§ 25-32-103(b)(1)), so an e-signature cannot satisfy the will formalities. (Ark. Code Ann. § 25-32-103(b)(1))
A Will Signed in Another State
A will executed outside Arkansas in the manner prescribed by §§ 28-25-101 to 28-25-104, or a written will executed outside Arkansas in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution, has the same force and effect in Arkansas as if executed in Arkansas in compliance with those sections (§ 28-25-105). (Ark. Code Ann. § 28-25-105)
Keep Going
- The full Arkansas will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Arkansas estate planning sets the will beside the other documents a complete plan needs.
- A Arkansas revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Arkansas?
Does a Arkansas will need to be notarized?
How many witnesses does a Arkansas will need?
Are handwritten (holographic) wills valid in Arkansas?
Are electronic wills legal in Arkansas?
Is a will made in another state valid in Arkansas?
SourcesOfficial references used for this page
Verified against Ark. Code Ann. tit. 28, subtit. 3, ch. 25 (Execution and Revocation), §§ 28-25-101 to 28-25-109 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Arkansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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