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 willAnyone 18 or older and of sound mind
WitnessesTwo adult witnesses
Notary instead of witnessesNo
A beneficiary as witnessDon't use one (see below)
Handwritten (holographic) willsValid
Self-proving affidavitAvailable
Electronic willsNot allowed
Witnesses by live videoNo; witnesses must be present
Online notarization for willsNot clearly allowed
File your will with the court while livingAvailable
State estate or inheritance taxNone

How to sign a will in Arkansas

  1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
  2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
  3. 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))
  4. 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)
  5. 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.

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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