Arkansas estate planning
Arkansas will, trust & power-of-attorney requirements
Arkansas sets its own rules for how an instrument must be signed and witnessed, whether it needs a notary, and how estates are taxed. The requirements below are drawn from the same attorney crafted & attorney verified Arkansas rule set Estateur drafts against — every Arkansas will, revocable living trust, and power of attorney is generated to these formalities and validated against them before delivery.
Arkansas estate planning at a glance
| Will witnesses required | two witnesses |
|---|---|
| Will must be notarized | No (self-proving affidavit optional) |
| Self-proving affidavit | Available (recommended) |
| Handwritten (holographic) wills | Recognized |
| Electronic wills | Not permitted |
| State estate tax | None |
| State inheritance tax | None |
| Community property | No (separate / common-law property) |
General information, not legal advice. Figures such as tax exemptions change; confirm current requirements with the Arkansas courts or department of revenue.
How to make a valid will in Arkansas
A Arkansas will must be in writing and signed by the testator in front of two witnesses. Notarization is not required for the will to be valid, but a self-proving affidavit — which is notarized — makes probate easier by removing the need for the attesting witnesses to testify later. Arkansas recognizes handwritten (holographic) wills, but a properly witnessed will is far stronger and easier to probate.
Spousal protection. Dower/curtesy; right to take against the will (Ark. Code § 28-39-401). A will cannot fully disinherit a surviving spouse in most states — Estateur's intake flags an elective-share exposure on the draft.
Living trusts & avoiding probate in Arkansas
A will still has to pass through Arkansas probate — a public, court-supervised process — before assets reach the beneficiaries. A revocable living trust holds assets during life and transfers them at death without probate, which is usually faster and stays private. Whether a trust is warranted turns on the client’s real property, the size and complexity of the estate, and the planning objectives.
Estateur drafts either structure on your instruction, and every trust-based matter generates the pour-over will as a companion instrument, with the plan-level consistency checks run across the set.
Powers of attorney & healthcare directives in Arkansas
A financial power of attorney in Arkansas must be acknowledged before a notary to be effective. (Ark. Code Ann. § 28-68-105)
A Arkansas healthcare directive can be signed before either two witnesses or a notary. (Ark. Code Ann. § 20-17-202)
A complete plan also includes a HIPAA authorization so the healthcare agent can actually obtain the client's medical information. Estateur drafts each of these to Arkansas's signing rules and generates the matching execution instructions.
Arkansas estate & inheritance tax
Arkansas has no state estate tax and no state inheritance tax. Only the federal estate tax can apply, and it affects very few estates.
Estate-tax exemption amounts are 2025 figures and change annually. Confirm current thresholds with the Arkansas department of revenue.
Arkansas statutes referenced
- Ark. Code Ann. § 28-25-103
- Ark. Code Ann. § 28-68-105
- Ark. Code Ann. § 20-17-202
Arkansas estate planning: common questions
- How many witnesses does a will require in Arkansas?
- Arkansas requires two witnesses to the testator's signature (Ark. Code Ann. § 28-25-103). A notarized self-proving affidavit is optional but recommended — it admits the will to probate without witness testimony. Arkansas also recognizes handwritten (holographic) wills, though a properly attested will is far stronger.
- Does Arkansas permit electronic wills?
- No. Arkansas has not adopted an electronic-wills statute, so a will must be executed on paper under the state's ordinary formalities. Estateur's Arkansas execution instructions reflect that.
- What are the signing requirements for a financial power of attorney in Arkansas?
- A financial power of attorney in Arkansas must be acknowledged before a notary to be effective. (Ark. Code Ann. § 28-68-105)
- Does Arkansas have an estate tax or inheritance tax?
- Arkansas has no state estate tax and no state inheritance tax. Only the federal estate tax can apply, and it affects very few estates.
- How does Estateur handle Arkansas-specific requirements?
- Estateur drafts each instrument against Arkansas's attorney crafted & attorney verified rule set, including execution formalities, mandatory and prohibited clauses, and statutory citations. It then runs required checks before delivery. Every Arkansas document includes a matching execution checklist. Estateur is a self-help document preparation service, not a law firm.
Build your Arkansas estate plan
Estateur guides you through a plain-English interview and prepares Arkansas instruments drafted against the verified rule set above, validated before they reach you, and delivered with execution instructions for a flat one-time price.
Estateur is a self-help document preparation service, not a law firm, and does not provide legal advice. Information on this page reflects Arkansas law in general terms and may change.
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