Arkansas wills
How to make a will in Arkansas
What Arkansas law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Arkansas will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Valid |
| Self-proving affidavit | Available |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | Available |
| State estate or inheritance tax | None |
How to sign a will in Arkansas
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (Ark. Code Ann. §§ 28-25-103, 28-25-102(a))
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Ark. Code Ann. § 28-25-106)
- Store the original safely and tell your executor where it is. Arkansas also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind. (Ark. Code Ann. § 28-25-101)
Witness rules
The testator must tell the witnesses the document is his or her will, and sign at the end (or acknowledge the signature) in the presence of both witnesses. The witnesses must sign at the testator's request and in the testator's presence. The statute does not require witnesses to sign in each other's presence. Witnesses must be 18 or older. (Ark. Code Ann. §§ 28-25-103, 28-25-102(a))
If a witness inherits: Will stays valid, but a beneficiary-witness forfeits whatever exceeds his or her intestate share unless two other disinterested witnesses also attest (Ark. Code Ann. § 28-25-102(b)).
Handwritten wills
The entire body of the will and the signature must be in the testator's handwriting; it is proved after death by at least three credible disinterested witnesses to the handwriting and signature (Ark. Code Ann. § 28-25-104).
Self-proving affidavit
Any attesting witness may sign an affidavit before an officer authorized to administer oaths, stating the facts he or she would testify to; no form is prescribed. The testator does not sign it. In uncontested probate the court may accept it in place of testimony. (Ark. Code Ann. § 28-25-106)
Can I sign my will online in Arkansas?
No. No electronic-will or remote-witnessing statute found; § 28-25-103 requires signing in the witnesses' presence.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: Registered Arkansas eNotaries physically in Arkansas may notarize for remote signers using approved technology. The statute and Secretary of State guidance do not address wills or the § 28-25-106 witness affidavit. (Act 1047 of 2021 (SB 340), Ark. Code Title 21, Ch. 14, Subch. 3)
Good to know in Arkansas
The testator must formally tell the witnesses the document is his or her will and sign at the end. You can deposit a sealed will with the circuit court clerk in your county for $5 (Ark. Code Ann. § 28-25-108); the FindLaw text relied on is current only to March 28, 2024, though no later amendment was found.
Estate and inheritance taxes
Arkansas has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Arkansas will questions
Does a will need to be notarized in Arkansas?
No. Two witnesses make a Arkansas will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Arkansas?
The entire body of the will and the signature must be in the testator's handwriting; it is proved after death by at least three credible disinterested witnesses to the handwriting and signature (Ark. Code Ann. § 28-25-104).
Can a beneficiary witness a will in Arkansas?
Will stays valid, but a beneficiary-witness forfeits whatever exceeds his or her intestate share unless two other disinterested witnesses also attest (Ark. Code Ann. § 28-25-102(b)).
Can I make a will online in Arkansas?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Arkansas doesn't allow electronic wills, so the will must be signed on paper.
Does Arkansas have an estate or inheritance tax?
Arkansas has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- Ark. Code § 28-25-101 Minimum age (FindLaw)
- Ark. Code § 28-25-102 Witnesses (FindLaw)
- Ark. Code § 28-25-103 Execution (FindLaw)
- Ark. Code § 28-25-104 Writing of testator (FindLaw)
- Ark. Code § 28-25-106 Affidavit of attesting witness (FindLaw)
- Ark. Code § 28-25-108 Deposit of will in testator's lifetime (FindLaw)
- Arkansas Secretary of State: eNotary and Remote Online Notarization
- Arkansas: Will Execution Requirements (ezel.ai survey)
- Court Safekeeping of Original Wills in Arkansas (ezel.ai survey)
Last reviewed October 24, 2026 against Arkansas statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Arkansas attorney.
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