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Arkansas Will Requirements
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Arkansas Will Requirements

Arkansas will requirements explained: the 18-and-sound-mind rule, two-witness signing, holographic wills, self-proving affidavits, and how divorce revokes a will.

By Settled Editorial

Arkansas will requirements come down to a short list of rules in Title 28 of the Arkansas Code, and most people want one answer first: what makes a will valid here. In Arkansas, the maker (the testator) must be at least 18 and of sound mind, the will must be signed at the end by the testator, and the testator must declare the document is the will and sign or acknowledge that signature in front of at least two attesting witnesses, who then sign at the testator's request and in the testator's presence. Arkansas also recognizes a handwritten (holographic) will without attesting witnesses, and lets a will be made easier to admit through a witness affidavit. (See Ark. Code 28-25-103 and Ark. Code 28-25-101.)

Use this page as a planning map, not as legal advice or a do-it-yourself signing kit. Arkansas circuit courts apply these statutes to the exact facts of each will, and one small signing mistake can put a will at risk. When property, a blended family, or a possible dispute is in play, confirm your plan with a licensed Arkansas attorney before you sign.

This guide pairs with the Arkansas probate guide for what happens after death, and with the Arkansas circuit court probate directory for where a will is admitted once someone dies.

Who Can Make a Will in Arkansas

Two capacity rules sit at the front of Arkansas will requirements. The Code says any person of sound mind who is 18 years of age or older may make a will. (Source: Ark. Code 28-25-101.)

Here is what that means in plain terms:

  • Age. The maker must be at least 18. A person younger than 18 cannot make a valid Arkansas will.
  • Sound mind. The maker must understand, in a general way, that he or she is making a will, the nature and extent of the property, and the people who would normally receive it. A will signed by someone who lacked sound mind is open to challenge.

Capacity is judged at the moment of signing, not before or after. A later illness does not undo a will that the testator validly made while of sound mind.

The Core Signing Rules

For a will that is not wholly handwritten (the typed or printed will most people use), Arkansas sets a linked chain of requirements. (Source: Ark. Code 28-25-103.)

  1. Signature plus two witnesses. The will must carry the signature of the testator and of at least two witnesses.
  2. Declaration and signing. The testator must declare to the attesting witnesses that the document is his or her will, and then either sign it, acknowledge a signature already made, sign by mark, or have someone else sign the testator's name at the testator's direction and in the testator's presence.
  3. Signature at the end. The signature must be at the end of the document.
  4. Witnesses present. The signing or acknowledgment must happen in the presence of two or more attesting witnesses.
  5. Witnesses sign for the testator. Those attesting witnesses must sign at the request and in the presence of the testator.

The two-witness chain is the part that trips up homemade wills. Both witnesses have to be present when the testator signs or acknowledges the signature and declares the document is the will, and both have to sign while the testator watches. A witness who signs later, alone, or in another room breaks the chain. Pick witnesses who are not receiving anything under the will when you can, and keep them reachable for probate.

A practical reassurance: Arkansas does not require a will to be notarized to be valid. A notary matters only for the optional witness affidavit described below. A will signed by the testator and two attesting witnesses meets the core rules without a notary.

Handwritten (Holographic) Wills

Arkansas is one of the states that recognizes a holographic will, meaning a will written entirely in the testator's own handwriting. When the entire body of the will and the signature are in the proper handwriting of the testator, the will may be established by the evidence of at least three credible disinterested witnesses to the handwriting and signature, even though no one attested the will at signing. (Source: Ark. Code 28-25-104.)

Read the conditions closely:

  • Wholly handwritten. The entire body of the will and the signature must be in the testator's handwriting. A printed form with handwritten blanks is not a holographic will.
  • Signed. The testator must sign it.
  • Proved later by three disinterested witnesses. No one needs to witness the signing, but after death at least three credible disinterested people must prove the handwriting and signature belong to the testator.

A holographic will is a real option in Arkansas, but it is the most contested kind. Handwriting can be hard to prove, intent can be unclear, and finding three disinterested handwriting witnesses years later is not always easy. A typed will signed before two attesting witnesses, backed by a witness affidavit, is usually the cleaner path.

Self-Proving Witness Affidavits

Arkansas lets an attesting witness sign an affidavit that removes a common probate headache: tracking down the witnesses to testify. Any attesting witness may make and sign an affidavit before an officer authorized to administer oaths, stating the facts he or she would have to testify to in an uncontested probate proceeding. If the probate is uncontested, the circuit court may accept that affidavit with the same effect as if the witness had testified before the court. (Source: Ark. Code 28-25-106.)

Here is what that means for an Arkansas will:

  • A witness affidavit is optional. A will without one is still valid if it was signed correctly.
  • The witnesses can make the affidavit at signing, later at the testator's request, or even after death at the request of the executor or another interested person.
  • The affidavit must be written on the will or securely affixed to it (or to a true copy) by the officer who administers the oath.
  • With a witness affidavit in hand, the circuit court can usually admit the will in an uncontested case without calling the witnesses to appear.

Adding a witness affidavit is the single easiest way to help a typed Arkansas will move smoothly through probate, especially if a witness later dies or moves away.

Witnesses Who Are Also Beneficiaries

A frequent worry is whether a will fails because a witness also inherits under it. Arkansas does not void a will just because an interested person served as a witness, but using disinterested witnesses is the safer practice. It removes any argument about undue influence or bias and keeps the signing clean if the will is ever challenged. Note that the holographic-will proof rule is stricter: it calls for at least three disinterested witnesses to the handwriting, so anyone who stands to inherit cannot serve that role. (Source: Ark. Code 28-25-104.)

When you can, choose witnesses who take nothing under the will. It is the simplest way to keep a contest from gaining traction later.

Notarization and Oral Wills

Two points close out the basics of Arkansas will requirements.

  • Notarization is not required for validity. An Arkansas will is valid when it meets the signature and two-witness rules in Ark. Code 28-25-103. A notary is involved only in the optional witness affidavit, which speeds up probate but is not part of basic validity.
  • Do not rely on a spoken will. Arkansas does not give a general path for an unwritten will, so a verbal statement of wishes is no substitute for a written, signed will. Put your wishes in a properly signed document.

How an Arkansas Will Is Revoked or Changed

A valid will can be undone, and the methods matter. Arkansas recognizes revocation by a later writing and by physical act. A will, or any part of it, is revoked by a later will that revokes the prior one expressly or by inconsistency, or by burning, tearing, cancelling, obliterating, or destroying the will with the intent and purpose of revoking it, done by the testator or by another person in the testator's presence and at the testator's direction. (Source: Ark. Code 28-25-109.)

Three follow-on rules are worth knowing:

  • Divorce revokes gifts to an ex-spouse. If the testator divorces or has the marriage annulled after making the will, all provisions in the will in favor of the divorced spouse are revoked. Beyond that, no change in the testator's circumstances, condition, or marital status revokes a will. (Source: Ark. Code 28-25-109.)
  • Revival after revocation. A will that has been revoked or that became invalid cannot be revived except by reexecuting it, or by executing a new will that incorporates the revoked or invalid will by reference. (Source: Ark. Code 28-25-110.)
  • Partial revocation. When only part of a will is revoked, the testator does not have to reattest the remaining part for it to stand. (Source: Ark. Code 28-25-109.)

Because divorce automatically cuts an ex-spouse out of will provisions, review your whole plan after any divorce. Your will, your beneficiary designations, and any trust may not all update on the same rules.

What This Means for Your Plan

If you want an Arkansas will that holds up, the cleanest version usually looks like this:

  1. Confirm the testator is at least 18 and of sound mind.
  2. Put the will in writing and have the testator sign at the end.
  3. Have the testator declare the document is the will and sign or acknowledge that signature in front of at least two attesting witnesses present at the same time, then have both witnesses sign at the testator's request and in the testator's presence.
  4. Choose witnesses who take nothing under the will when you can.
  5. Add a notarized witness affidavit so the witnesses do not have to appear in an uncontested probate.
  6. Store the original safely and tell your executor where it is, because the circuit court probates the original.

A will is one piece of an Arkansas estate plan. If no valid will exists, state law decides who inherits, so it helps to know the Arkansas intestate succession rules and how Arkansas dower, curtesy, and family allowances work. Many people also pair a will with tools that pass property outside probate. See the Arkansas guide to avoiding probate for methods such as beneficiary deeds and payable-on-death accounts. For the broader picture of how an estate moves through the courts, start at the Arkansas probate guide or find your local filing office in the Arkansas circuit court probate directory.

This guide is general information about Arkansas wills. It is not legal advice. Confirm anything that affects your situation with the circuit clerk or a licensed Arkansas attorney before you sign or rely on a will.

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Settled Estate is not a law firm and does not give legal advice.

Information current as of June 14, 2026

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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