How to draft an Arkansas Last Will and Testament - Key factors

What is a Last Will and Testament in the state of Arkansas?

An Arkansas Last Will and Testament (also called a "Will") is a legal document that says how you want your money, home, and personal items to be divided after you die. It also tells who Will get your money, home, and personal belongings.

The person who writes a Will is called the "testator," and the people or organizations who Will take care of the testator's estate after death are called "executors." This Last Will and Testament is for people who live in Arkansas. It can be used in Pulaski County, Benton County, Washington County, and everywhere else in the state.

A valid Will grants you greater authority over your estate and helps you escape the often annoying, lengthy, costly probate process, in which the court decides what happens to your things after you die. Most states let people include an additional list of personal items, their goals, and messages to friends and family.

What is a valid Will?

In Arkansas, the Arkansas Code, Title 28 Wills, Estates and Fiduciary Relationships, Subtitle 3 Wills, Chapter 25 Execution and Revocation, Sections 101-106, explains how a Will must be signed and witnessed to be legal.

Individuals at least 18 years old and of sound mind can make a Will. This means that the authority granted by a court or other legal body to a person who can legally understand and create a Will. Someone can question your Will if they think you were not in your right mind when you wrote it. In addition to that, the following factors must be fulfilled:

• The valid Will must be written (oral Wills are not valid).
• The person (Testator) must sign it.
• Typed printed Wills must be signed by two or more witnesses. Any interested witness may sign it, but he or she must not inherit anything from the Will.
• When modifying an existing Will, the signatures of the witnesses are necessary.

Wills that are written by hand are legal, but the whole thing must be written and signed by the testator. If your handwritten Will is questioned, three witnesses must vouch for it. No one should sign a Will written by hand except the testator. The Will can be considered a valid legal document after his or her signature.

Self-proving a Will can be done when the Will is written, later, or after the testator's death when the estate manager asks the witnesses to confirm the Will's authenticity. The self-proving affidavit should be included in or linked to the Will. (Check out Section 28-25-106)

Limitations on Wills in Arkansas

According to state laws in Arkansas, a surviving spouse can accept a gift from a Will or take his or her share of the deceased partner's estate. A Will can't be used to give away property that more than one person owns or has a named receiver, like a life insurance policy. Also, a Will can't make someone break the law or go against public policy to get their share of the estate.

Some assets, called "non-probate assets," are not changed by a Will. These assets are transferred based on their legal papers. They are:

• Annuities
• Pensions
• 401(k)s
• IRAs
• Keoghs
• Property owned by people who are co-owners with the right to inherit
• Trusts, including property in a living trust and other assets owned by trusts
• Accounts that pay out money on death or move money on death
• Payments from life insurance (to people other than the estate itself)

If you have named heirs for all your accounts and assets that don't have to go through probate, they won't have to go through probate court.

The Arkansas probate process

Probate is the probate court-supervised process by which the assets in a Will are given to those named in the Will. The executor designated in the Will initiates the process by submitting the Will to the estate court. He then gets the assets, pays any bills or claims from creditors, and, after getting court approval, gives the assets to the people who are named in the Will.

A beneficiary who doesn't think the Will is legal can challenge it during the estate's probate. Most of the time, the beneficiary Will say that the Will didn't meet one or more of the formal requirements that must be met to make a Will.

If a person dies without a Will or "intestate," the court chooses a person to take care of their assets. The decedent's assets are then divided according to Arkansas's law for distributing assets when there is no Will.

Who needs to make a Will?

Everyone over 18 should have a Will and Testament set up. Even though it's hard to think about, your family and friends Will want to know your wishes for care (if needed), property, and assets if you die. Here are a few common situations in which people might want to make or change their Arkansas Wills:

• You are now married or no longer married.
• You are getting older or have health problems that keep coming up.
• You currently have a child.
• You own a piece of land.

Whether you wrote this Arkansas Last Will and Testament as part of a long-term plan or in reaction to a recent change in your life, having it notarized and having witnesses can help protect it if someone doubts its authenticity.

You can protect your family and your stuff with a Will. A Will can be used to:

• Give your stuff to other people or groups.
• Name a personal guardian to take care of your minor children.
• Name a trusted person to handle the property you leave to your minor children.
• Name an executor, the person who makes sure your wishes are carried out.

What happens if you don't have a Will?

When an individual dies without a Will, they are considered "intestate," and the intestacy rules come into play. As per Arkansas law, if there is no Will, a spouse who has been married for at least three years is eligible for the whole estate if there are no offspring or other descendants. If a couple has been married for less than three years and has no kids, the remaining spouse gets half of the estate, and the remaining half goes to others related to the deceased person. The parents, siblings, or other relatives might get the other half of the estate.

The spouse's stake is based on an Arkansas law called "dower and curtesy," which says that when there are also kids or other descendants, the spouse has a right to use one-third of the estate for life and gets one-third of the decedent's assets directly.

As you can see, you need a legal Arkansas Will if you want to be in charge of how your assets are divided and avoid the laws that apply when you die without a Will.

Do you require a lawyer in Arkansas to make a Will?

No. In Arkansas, you may create your own Will. You can write your own Will if you don't have much money. You must understand what you possess and who you want to get it from.

But you should talk to an expert if you have any real and personal property, genuine estate, valuables, and investments (like stocks and bonds). Think carefully about the value of everything you own, including your life insurance. If you don't plan well, you could lose some of your assets to estate taxes. There are times when you might want to talk to a lawyer. For example, you should speak with a lawyer if you think your Will could be contested or if you prefer to cut your partner out of your Will.

Always talk to a lawyer if you think a family member might try to change your Will or if you consider an individual other than who you want to take care of your kids might try to do so.

Should you appoint a person as executor to carry out your Will?

This is someone you can count on to do what you want. They must be able to do what your Will says and have time to do it. It could be a bank or lawyer. Once you've chosen someone to be your executor, talk to them about it to see if they're ready to take on this responsibility. You should pick someone who won't get anything from you. You should also have a backup plan in case the agent dies before you do.

How much might it cost in Arkansas to make a Will?

Depending on where you live, finding and paying a traditional lawyer to write a Last Will and Testament could be anywhere from $200 to $1,000. Rocket Lawyer can give you much more safety than other sites offering Last Will and Testament templates. As a member of Rocket Lawyer, you can save up to 40% when you hire a lawyer from our network of Rocket Lawyer lawyers.

What do you need to do in Arkansas to make a Will?

In Arkansas, a person who wants to make a Will (testator) must:

• At least 18 years old
• The testator must have a sound mind.

(Ark. Code Ann. § 28-25-101).

The Will must be signed in front of an individual who signs his or her name as a witness or in front of someone else the testator chooses and tells to do so. At least two people must sign Arkansas's last Will and testament for it to be a legal document. After the testator has signed and accepted the document, the witnesses must also sign it.

Wills in Arkansas must be written to be legal. A Will in Arkansas can give property to anyone named as a recipient.

You can't make a Will on music, video, or any other digital file. You have to write it down. You can use a computer or typewriter to create and print your Will. Ark. Code Ann. 28-25-104 says handwritten Wills are allowed, but they are generally not a good idea.

How do you write an Arkansas Will?

Through this Arkansas Last Will and Testament example, it is quick and easy to list your wishes:

• Choose what you want to put in your Will.
• Choose who Will get your stuff when you die.
• Pick an executor to take care of your estate.
• Pick a guardian for your kids.
• Pick someone to take care of the kids' property.
• Make your Will by providing a few basic details.
• If you want, you can look it over with a lawyer.
• Sign your Will in the presence of other people. It is best to have two disinterested witnesses.
• Keep your Will in a safe place.

This option Will usually be much cheaper and take less time than employing or collaborating with a traditional provider. If necessary, you may prepare your last Will and Testament for your partner or another family member. When they are ready, they can sign it. Please remember that a Will is only valid if the person making it is of sound mind when they sign it. If people can't make decisions independently, they may need a conservatorship. In a situation like this, it would be essential for you to talk to a lawyer.

Does an Arkansas Last Will and Testament need to be signed before a notary or a witness?

Different states have different rules, but in Arkansas, your Will must be signed by two witnesses to be considered a valid Will. Generally, your witnesses must be at least 18 years old and have their minds in good shape. If one of the two witnesses also gets something from the Will, that person must give up any part of their fortune or gift worth more than what they would have gotten without a Will. To solve this problem, the Will would need to be signed by a third, impartial witness. Also, it is strongly suggested that you have your Will signed by a notary public to show that it is a genuine document. To make your Will self-proving, both of you and your witnesses must appear to the notary and sign a statement that shows who you are and that you all knew you were signing the Will. Ark. Code Ann. § 28-25-106.

Can I change or get rid of my Will?

You can change or eliminate your Will at any time in Arkansas. You can change your mind by:

• Burning, breaking, erasing, and wiping out. Or breaking the Will to get rid of it.
• Making a new Will eliminates all or part of the old Will by saying so outright or using terms that go against the old Will. Ark. Code Ann. § 28-25-109.

If you and your partner get a divorce or your marriage is canceled, all of the things you said you would do for your spouse Will no longer be true. Ark. Code Ann. § 28-25-109.

If you want to change your Will, you should eliminate it and make a new one. But if you only need to make small changes, you could add a supplement to your Will, which is a change to your Will. In either case, you'll need to follow the same steps to finish your changes as when you first made your Will.

Do you have to file an Arkansas Last Will and Testament?

You don't have to file your last Will and testament with the court until the person dies. The divorce process can start when the Will and any other forms the county needs are filed.

Can I write my holographic Will in Arkansas?

Yes, holographic Wills are accepted in Arkansas. A holographic Will must be handmade, signed by the testator. In Arkansas, a holographic Will is valid if the full Will and the signature are written in the Testator's handwriting. On the other hand, a holographic must go through an approval process before it can be seen as authentic. For a holographic Will to be legal in Arkansas, it must be proven in court that it is your handwriting and signature by three trustworthy individuals who are not beneficiaries of the Will. This can often slow the process down.

Can you make a nuncupative Will in Arkansas?

A verbal Will, sometimes done in a video, is called a nuncupative Will. Arkansas does not accept nuncupative Wills. It might be accepted after a lengthy court process if you make it right before death.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice on your specific situation.