Most people know they should have a will. Far fewer actually have one — and many who do have one that is outdated, improperly signed, or missing things they assumed it covered. This guide is for anyone who wants to understand what a will actually does, what Arkansas law requires, and what to think about before sitting down with an attorney to make one.

What a Will Actually Does

A will is a legal document that tells the world what you want to happen to your property after you die and who you want to be in charge of making it happen. That's it. It doesn't go into effect while you're alive. It doesn't protect your assets from creditors. It doesn't replace beneficiary designations on your bank accounts or life insurance. It is simply your written instructions for what happens after you're gone.

Without a will, Arkansas law decides how your property is distributed. The state has a default set of rules — called intestate succession — that determine who gets what. Those rules follow a strict formula based on your family relationships. They do not take into account your actual wishes, your family dynamics, or the fact that you might not want your estranged sibling to inherit anything. If you die without a will, you lose your say entirely. See What Happens If You Die Without a Will in Arkansas for a full breakdown of how that works.

Who Needs a Will in Arkansas

The short answer is: every adult. But here is the longer answer.

You especially need a will if you have minor children. A will is the only document that lets you nominate a guardian — the person who would raise your children if you died. Without that nomination, a court makes the decision without your input. That alone is reason enough for most parents to get a will done immediately.

You need a will if you have property you want to leave to specific people. Real estate, vehicles, sentimental items, money in the bank — without a will, the distribution follows a formula. With one, you decide.

You need a will if you have a blended family, a family member with special needs, a charity you care about, or anyone in your life you want to include or specifically exclude. The law's default rules are not designed for complicated situations. They are a one-size-fits-all fallback that fits very few people well.

And you need a will even if you think you don't have much. People routinely underestimate what they own — the equity in a home, a vehicle, a retirement account that doesn't have a named beneficiary, personal property that matters to the people left behind.

What Arkansas Law Requires for a Valid Will

Arkansas law sets out the requirements for a valid will in Ark. Code § 28-25-101 through § 28-25-103. They are straightforward but non-negotiable — a will that doesn't meet these requirements is not valid, no matter how clear your intentions were.

You must be at least 18 and of sound mind

Under § 28-25-101, any person of sound mind who is at least 18 years old may make a will. "Sound mind" means you understand what a will is, what property you own, who your family members are, and what you're doing when you sign. This is a low bar — it does not mean you have to be in perfect health or have perfect memory. But it does mean the will can be challenged later if there is evidence you lacked capacity when you signed it. This is one reason it matters to make a will while you are clearly healthy and competent rather than waiting until a crisis.

It must be in writing and signed

A will must be a written document. Oral wills — telling someone what you want — are not valid in Arkansas. The testator (the person making the will) must sign it. Under § 28-25-103, if you cannot physically sign, you can sign by mark (with your name written near it by a witness), or you can have someone else sign your name for you at your direction and in your presence — but that person must write their own name and state that they signed at your request.

The signature must appear at the end of the will.

It must be witnessed by two people

A standard will must be signed by at least two witnesses. The process has a specific sequence under § 28-25-103: you must declare to the witnesses that the document is your will, and you must sign (or acknowledge your signature) in their presence. Then the witnesses must sign in your presence and at your request. Everyone needs to be in the room together when this happens.

This formality exists for good reason. It creates a record that you signed the will voluntarily, that you knew what it was, and that you appeared to be competent at the time. Those witnesses can later testify — or sign a sworn affidavit under § 28-25-106 — confirming those facts, which can make probate significantly smoother.

Handwritten Wills

Arkansas does recognize holographic wills — wills written entirely in your own handwriting. Under § 28-25-104, if the entire body of the will and the signature are in your handwriting, the will can be established without any attesting witnesses. Instead, it requires the testimony of at least three credible, disinterested witnesses who can confirm that the handwriting and signature are yours.

Holographic wills are valid, but they come with real risks. They are more easily challenged, harder to prove, and often missing provisions that a properly drafted will would include. Writing your own will on a piece of paper is better than having nothing — but it is not a substitute for a properly executed will drafted with legal help.

The Witness Rules — and Why They Matter

Arkansas law allows an interested witness — someone who stands to receive something under the will — to serve as a witness. But there is a significant catch under § 28-25-102: if the will has fewer than two disinterested witnesses, an interested witness forfeits the amount of their inheritance that exceeds what they would have received had you died without a will.

In plain English: if you leave your neighbor $50,000 in your will and your neighbor is one of only two witnesses, your neighbor may lose that inheritance entirely — or at least the portion above what intestate succession would have given them, which is probably nothing since they're not a family member.

The practical rule is simple: your witnesses should not be people who are receiving anything under your will. Use disinterested witnesses — friends, neighbors, coworkers — who are not named in the document.

What You Can Control With a Will

A well-drafted will lets you make a wide range of decisions that would otherwise be made for you.

Who gets your property. You can leave specific assets to specific people — your house to one child, your car to another, your jewelry to a grandchild — or you can divide your estate by percentage, or leave everything to one person outright.

Who does not get your property. You can disinherit people, with one significant exception: Arkansas law protects a surviving spouse from being completely disinherited. But subject to that limit, you can leave someone nothing, and your will can make that explicit.

Who raises your children. You can nominate a guardian for any minor children. The court is not required to follow your nomination, but it is given serious weight. This is one of the most important decisions a parent can make in a will.

Who is in charge. You name an executor — the person responsible for gathering your assets, paying your debts, and distributing what remains according to your will.

What happens to personal property. Under § 28-25-107, you can attach a separate written list to your will directing how specific items of tangible personal property are distributed — furniture, collectibles, tools, sentimental items. This list can be updated after the will is signed without re-executing the will, as long as it is in your handwriting or signed by you and describes the items and recipients with reasonable clarity.

Conditions on gifts. You can attach conditions to bequests — leaving money to a grandchild when they turn 25, for example, or leaving a gift to a charity only if they use it for a specific purpose.

Property acquired after the will is signed. Under § 28-26-102, property you acquire after making your will passes under the will as if you owned it at the time — unless the will says otherwise. You don't have to update your will every time you buy something new.

What a Will Cannot Do

Just as important as what a will does is what it doesn't do.

It cannot override beneficiary designations. Life insurance, retirement accounts (IRAs, 401(k)s), and bank accounts with a named beneficiary or payable-on-death designation pass directly to that person regardless of what your will says. Under § 28-25-111, a will cannot change the beneficiary on a life insurance policy or annuity — you have to do that through the insurance company directly. Keeping beneficiary designations current is just as important as having a will.

It cannot protect assets from probate by itself. A will does not avoid probate — it goes through probate. If avoiding probate is a goal, a revocable living trust is a better tool for that purpose. See The Revocable Living Trust in Arkansas: A Complete Guide for more on how that works.

It cannot make medical decisions for you while you're alive. A will only takes effect after death. For decisions about your medical care during incapacity, you need a healthcare power of attorney and a living will. See What Is a Living Will in Arkansas?

It cannot manage your finances during incapacity. If you become incapacitated before you die, a will is irrelevant — it hasn't taken effect yet. A durable financial power of attorney is what allows someone to manage your affairs if you're alive but unable to do so yourself. See What Is a Power of Attorney in Arkansas for more.

It cannot fully disinherit a spouse. Arkansas gives surviving spouses certain rights that override a will — including the right to a share of the estate. An attorney can explain exactly how this works in your situation.

Choosing an Executor

Your executor — sometimes called a personal representative — is the person responsible for carrying out your will. They gather your assets, notify creditors, pay legitimate debts, file your final tax return, and distribute what remains to the people you named. It is a real job that requires organization, attention to detail, and the ability to deal with financial institutions, courts, and sometimes difficult family members.

Choose someone you trust completely and who is practically capable of handling the responsibility. A close family member is the most common choice, but being a loving family member and being a good executor are different things. Consider naming an alternate in case your first choice cannot serve.

For more on what this role involves, see How to Choose an Executor in Arkansas.

Naming a Guardian for Your Children

If you have minor children, nominating a guardian in your will may be the single most important thing you do in the document. A guardian nomination tells the court who you want to raise your children if both parents die. The court gives this nomination significant weight — it is not guaranteed, but in the vast majority of cases a court will honor a parent's clearly expressed choice.

Think carefully about this decision. The right guardian is someone who shares your values, has the capacity and willingness to raise children, and would provide a stable and loving home. Geographic location, the age of the potential guardian, their own family situation, and whether they actually want to take on the responsibility all matter. Talk to the person before naming them — being named as a guardian without warning is a significant thing to discover after someone has died.

You can name a different person as guardian of your children's property — someone responsible for managing the money and assets left to them — than the person responsible for their physical care. This is worth considering if the best caregiver is not the best financial manager.

See What Happens to My Minor Children If I Die Without a Will? for what happens if you don't make this choice yourself.

Wills and Probate

A will does not bypass probate — it goes through it. Probate is the court-supervised process of validating your will, paying your debts, and distributing your estate. It takes time, costs money, and becomes a public record. For a full explanation of how that process works in Arkansas, see What Is Probate in Arkansas?

Under § 28-26-103, if your will only disposes of part of your estate — because you acquired assets after signing the will and didn't update it, or because a bequest failed — the remainder passes through intestate succession as if you had no will for that portion. This is another reason to keep your will current and to make sure it addresses your full estate.

Under § 28-26-104, if a gift in your will fails — because the intended recipient died before you — it generally becomes part of the residue of your estate. But if you left something to a child or descendant and they predeceased you, leaving their own children, the gift passes to those grandchildren rather than lapsing. This is called the anti-lapse rule and it prevents a gift from disappearing entirely when a family member dies before you.

How a Will Works With a Trust

A will and a revocable living trust are not competitors — they work together. Many people who have a trust also have what is called a pour-over will. A pour-over will directs that any assets you owned at death that were not already in the trust get "poured over" into the trust at death, so everything ends up in one place and is administered under the trust's terms.

Under § 28-27-101, Arkansas law specifically allows a will to leave property to the trustee of a trust — including a trust you set up during your lifetime, even one that is unfunded or could be amended. The trust does not have to be set up before the will is signed. And the fact that the trust can be changed doesn't affect the validity of the bequest.

If you are deciding between a will and a trust as the centerpiece of your estate plan, see Trust vs. Will in Arkansas: Which One Do You Actually Need?

Updating or Revoking Your Will

A will is not permanent. Life changes — you have children, you get divorced, someone you named as a beneficiary dies, your assets change substantially — and your will should keep up.

Under § 28-25-109, a will can be revoked in two ways: by making a new will that expressly revokes the old one, or by physically destroying it — burning, tearing, canceling, or obliterating it — with the intent to revoke. Someone else can destroy it for you, but only if you direct them to do so and they do it in your presence.

There is one automatic revocation that catches people by surprise: if you get divorced after making your will, all provisions in favor of your ex-spouse are automatically revoked. The divorce itself wipes out those gifts. This is the right result for most people, but it is worth knowing — and it is also a reminder to update your will after any major life change rather than assuming the law will handle it correctly.

A revoked will cannot simply be reinstated. Under § 28-25-110, a previously revoked will can only be revived by re-executing it from scratch or by making a new will that specifically incorporates the old one by reference. Crossing out the revocation doesn't bring the will back to life.

What Happens After You Die

When you die, your executor is responsible for locating your will and filing it with the probate court. If you deposited your will with the circuit court for safekeeping under § 28-25-108, the clerk is required to open and retain it after receiving notice of your death, and to give notice to your executor. The will is then offered for probate, the court validates it, and the administration process begins.

Your executor will notify creditors, pay legitimate debts, and ultimately distribute the remaining assets to the people named in your will. Depending on the size and complexity of your estate, this process can take anywhere from a few months to over a year.

Common Mistakes

In my practice I see the same mistakes repeatedly. They are worth knowing about before you start.

Not having a will at all. The most common and most costly mistake. If you are reading this guide and you don't have a will, the most important thing you can do is stop putting it off.

Using a DIY form without understanding it. Online will forms can produce a technically valid document — but they can also produce one that doesn't say what you thought it said, doesn't cover your situation, or leaves gaps that create problems during probate. A will is not the place to cut corners.

Signing without proper witnesses. A will signed without two properly qualified witnesses is invalid. An interested witness can lose their inheritance. These rules are not flexible.

Naming only one beneficiary with no backup. If your sole beneficiary dies before you and you have no alternate named, that portion of your estate may pass through intestate succession — to whoever the law designates, not who you would have chosen.

Forgetting to update beneficiary designations. Your will does not control what happens to your life insurance, IRA, or bank accounts with a named beneficiary. If those designations are outdated — listing an ex-spouse, a deceased parent, or no one at all — your carefully drafted will cannot fix it.

Storing the will somewhere no one can find it. A will that no one can locate at your death is as good as no will at all. Tell your executor where the will is kept. A safe deposit box can actually be a problem — accessing it after death sometimes requires court involvement before the will is even filed. Your attorney can hold a copy, or you can deposit the original with the circuit court under § 28-25-108 for a $5 fee.

Not updating after major life changes. The will you signed ten years ago may no longer reflect your wishes, your family situation, or your assets. Review it regularly.

Getting a will right is not complicated, but it does require attention. I help Arkansans put wills in place as part of a complete estate plan — and I make sure the documents actually do what my clients intend them to do.