Arkansas Will and Trust Laws: Witnesses, Holographic Wills (2026)

Under Arkansas law, any person of sound mind 18 or older may make a will (Ark. Code 28-25-101), and a will other than a holographic will must be signed at the end by the testator and by at least two attesting witnesses (28-25-103). The testator declares to the witnesses that the instrument is his or her will, and the witnesses sign at the testator's request and in the testator's presence; section 28-25-103 does not list a notary among the execution requirements. Living trusts are governed by Title 28, Chapter 73, which "may be cited as the Arkansas Trust Code" (28-73-101).

Arkansas also recognizes a will written entirely in the testator's own handwriting, without attesting witnesses, proved after death by three credible disinterested witnesses to the handwriting and signature (28-25-104). For how other states compare, see wills and trusts laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arkansas statutes on making, signing, proving, changing and revoking wills (Ark. Code Title 28, Chapters 25, 26, 27 and 39, with the proof-of-will sections in Chapter 40) and on revocable living trusts under the Arkansas Trust Code (Chapter 73). It does not cover what happens when someone dies without a will or how estate administration works (see Arkansas probate), small-estate procedures (see the Arkansas small estate affidavit page), powers of attorney (see Arkansas power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Arkansas advance directive tool.

What makes a will valid in Arkansas?

Section 28-25-101 sets capacity: "Any person of sound mind eighteen (18) years of age or older may make a will." Section 28-25-103 sets the signing rule for every will except a holographic one:

"(a) The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses." (Ark. Code 28-25-103(a))

The rest of section 28-25-103 describes how the signing happens:

• Declaration. The testator "shall declare to the attesting witnesses that the instrument is his or her will" (28-25-103(b)(1)).
• Four ways to sign. The testator may sign personally, acknowledge a signature already made, sign by mark with his or her name written near it and witnessed by a person who writes his or her own name as witness to the signature, or have someone else sign the testator's name in the testator's presence. A person who signs for the testator "shall write his or her own name and state that he or she signed the testator's name at the request of the testator" (28-25-103(b)(1)(D)(ii)).
• Signature at the end, before two witnesses. In every case "the signature must be at the end of the instrument" and "the act must be done in the presence of two (2) or more attesting witnesses" (28-25-103(b)(2)).
• Witnesses sign. "The attesting witnesses must sign at the request and in the presence of the testator" (28-25-103(c)).

Who can be a witness, and interested witnesses

Under section 28-25-102(a), "Any person, eighteen (18) years of age or older, competent to be witness generally in this state may act as attesting witness to a will."

A beneficiary can witness, but at a cost. Section 28-25-102(b) provides that "No will is invalidated because attested by an interested witness, but an interested witness, unless the will is also attested by two (2) qualified disinterested witnesses, shall forfeit so much of the provision therein made for him or her as in the aggregate exceeds in value, as of the date of the testator's death, what he or she would have received had the testator died intestate." A witness counts as interested only if "the will gives to him or her some beneficial interest by way of devise" (28-25-102(c)).

Wills signed in another state

Section 28-25-105 gives full effect in Arkansas to a will executed outside the state in the manner Arkansas prescribes, or to "a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution."

Does an Arkansas will need to be notarized? The witness affidavit

Section 28-25-103 does not include a notary in the execution requirements. Arkansas's route to easier proof runs through the witnesses, not the testator. Under section 28-25-106(a), "Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will."

Three features stand out:

• Timing. The witness may sign the affidavit "at any time," on his or her own initiative, at the testator's request, or after the testator's death at the request of the executor or another interested person (28-25-106(b)).
• Placement. The affidavit "shall be written on the will," or if that is impracticable, securely affixed to the will or a true copy by the officer administering the oath (28-25-106(c)).
• Effect. "If the probate of the will is uncontested, the affidavit may be accepted by the circuit court with the same effect as if the testimony of the witness had been taken before the court" (28-25-106(d)).

The section is written for the attesting witnesses; it does not call for the testator to sign the affidavit, and it sets no form of words beyond the facts the witness would testify to.

Without affidavits, section 28-40-117(a) requires an attested will to be proved by the testimony of at least two attesting witnesses, if they are living at known addresses within the continental United States and capable of testifying. If they are not, or cannot be procured after reasonable diligence, "the will may be established by the testimony of at least two (2) credible disinterested witnesses."

Are handwritten (holographic) wills valid in Arkansas?

Yes, if the whole will is in the testator's handwriting. Section 28-25-104 provides:

"When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding there may be no attesting witnesses to the will." (Ark. Code 28-25-104)

The proof rule at probate is in section 28-40-117(b): "A holographic will shall be proved by the testimony of at least three (3) credible disinterested witnesses proving the handwriting and signature of the testator and such other facts and circumstances as would be sufficient to prove a controverted issue in equity."

The condition is the "entire body of the will and the signature." A will whose body is partly typed or printed does not meet that condition and needs the two-witness execution in section 28-25-103.

Are oral (nuncupative) wills valid in Arkansas?

No. Section 28-25-103(a) requires every will other than a holographic will to be executed "by the signature of the testator and of at least two (2) witnesses," and section 28-25-104 requires a holographic will's body and signature to be in the testator's handwriting. An oral will has no signature and cannot meet either rule, and Chapter 25 contains no separate oral-will section.

Electronic wills and remote witnessing

Chapter 25 of Title 28, which runs from section 28-25-101 to section 28-25-111, contains no electronic-will or remote-witnessing provision. Section 28-25-103 requires the testator's act to "be done in the presence of two (2) or more attesting witnesses" and requires the witnesses to sign "in the presence of the testator."

During the COVID-19 emergency, a temporary, uncodified section of Act 1047 of 2021 (approved April 29, 2021) provided that an individual who witnessed a document through real-time audio and visual means "may be considered an in-person witness if the presence and identity of the witnesses are validated at the time of signing by a notary public." The act listed last wills and testaments among the documents that could be signed in counterparts, and individuals signing at the same time in different locations signed separate signature pages. By its own terms, that section was effective only until Executive Order No. 21-07 expired or the declared emergency was terminated, and it is no longer in effect.

Arkansas's Uniform Electronic Transactions Act excludes wills: section 25-32-103(b) provides that the chapter "does not apply to a transaction to the extent it is governed by: (1) a law governing the creation and execution of wills, codicils, or testamentary trusts."

Chapter 25 also contains no provision that lets a court excuse a defect in how a will was signed or witnessed.

Lists of personal belongings

A will can point to a separate list for personal items. Under section 28-25-107(b)(1), "Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in trade or business."

To be admissible, "the writing must either be in the handwriting of the testator or be signed by him or her and must describe the items and devisees with reasonable certainty" (28-25-107(b)(2)).

Depositing a will with the circuit court

Arkansas lets a testator store a will with the court during life. Under section 28-25-108(a), a will "may be deposited by the person making it, or by some person for him or her, with the circuit court of the county of his or her residence, to be safely kept until delivered or disposed of as provided in this section." Act 272 of 2023 raised the deposit fee from $2.00 to $5.00, as established under section 21-6-413(a)(4); the clerk gives a certificate of deposit. If the will is not delivered to a person named in the endorsement on the wrapper, it is publicly opened in the court within 30 days after notice of the testator's death.

After death, the person with custody of a will must deliver it "to the court which has jurisdiction of the estate or to the executor named in the will" (28-40-105(a)). Section 28-40-103(a) bars probate unless application is made "within five (5) years from the death of the decedent, subject only to the exceptions stated in this section." The probate steps themselves are on the Arkansas probate page.

Changing or revoking an Arkansas will

Methods of revocation

Under section 28-25-109(a), a will or any part of it is revoked:

1. "By a subsequent will which revokes the prior will or part expressly or by inconsistency"; or
2. "By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction."

Reviving a revoked will

Revoking a later will does not restore an earlier one by itself. Under section 28-25-110, a revoked or invalid will cannot "be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference."

Divorce and annulment

Section 28-25-109(b) provides: "If, after making a will, the testator is divorced or the marriage of the testator is annulled, all provisions in the will in favor of the testator's spouse so divorced are revoked." It continues: "With these exceptions, no will or any part thereof shall be revoked by any change in the circumstances, condition, or marital status of the testator, subject, however, to the provisions of § 28-39-401."

The text of section 28-25-109(b) reaches provisions "in the will." It does not mention revocable trusts, life insurance or other beneficiary designations, so a divorce does not change those documents under this section.

Separately, the divorce code provides that when a circuit court renders a final decree of divorce, any estate by the entirety or survivorship in real or personal property held by the spouses "shall be automatically dissolved unless the court order specifically provides otherwise," and they are treated as tenants in common (9-12-317(a)).

Life insurance and annuities cannot be changed by will

Since Act 925 of 2021, section 28-25-111 provides that "A testamentary change to a designated or named beneficiary of a life insurance policy or annuity contract is ineffective if the change is not made according to the terms of the life insurance policy or annuity contract." The companion insurance section, 23-81-137, says such a beneficiary can be changed according to the terms of the policy or contract and "Cannot be changed in a will."

Limits on what an Arkansas will can do

Spouse's right to take against the will. Arkansas uses dower and curtesy rather than a percentage elective share. Under section 28-39-401(a), "the surviving spouse shall have the right to take against the will if the surviving spouse has been married to the decedent continuously for a period in excess of one (1) year." Section 28-39-401(b) limits an electing spouse to the rights it lists; for a surviving wife, subsection (b)(1) provides dower "in the deceased husband's real estate and personal property as if he had died intestate," additional to her homestead rights and statutory allowances. Homestead rules are on the Arkansas homestead exemption page.

The dower amounts are set in Chapter 11. With a child or children, the spouse takes one-third of the lands for life (28-11-301(a)) and one-third of the personal estate (28-11-305). With no children, the spouse takes one-half of real estate that is a new acquisition and not an ancestral estate, in fee simple, and one-half of the personal estate, as against collateral heirs (28-11-307(a)(1)). As against creditors the share is one-third, and for ancestral real estate the spouse takes a life estate in one-half as against collateral heirs and one-third as against creditors (28-11-307(a)(2), (b)). Under section 28-39-403(a), the election "may be made at any time within one (1) month after the expiration of the time limited for the filing of claims."

Omitted children. Under section 28-39-407, a child born or adopted after the will, and a child (or issue of a deceased child) living when the will was made, whom the testator omits "to mention or provide for, either specifically or as a member of a class," is treated as if the testator "died intestate with respect to the child." The child recovers from the devisees, in proportion to their shares, what he or she would have inherited without a will. The intestate shares themselves are on the Arkansas probate page.

No-contest clauses. In Seymour v. Biehslich, 371 Ark. 359 (2007), the Arkansas Supreme Court affirmed a finding that a beneficiary who offered a later will for probate, without acting in good faith, triggered the earlier will's no-contest clause.

Other rules that shape an Arkansas will

• Gifts to a child who dies first. Under section 28-26-104(2), when property is devised to a child or other descendant of the testator who dies before the testator "leaving a child, natural or adopted, or other descendant who survives the testator, the devise shall not lapse," and the property vests in the devisee's surviving descendant.
• 120-hour survival. Under section 28-10-202, where property rights depend on surviving another person, "an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual," except as provided in section 28-10-206. Section 28-10-203 applies the 120-hour requirement to governing instruments.
• Contesting a will. A person given notice (other than by publication) of the hearing on the petition for probate must file objections at or before that hearing (28-40-113(b)(2)(A)), and an objection that another will has been discovered must be filed before final distribution is ordered and within the five-year period of section 28-40-103 (28-40-113(b)(1)). Under section 28-40-113(b)(2)(B), a person who has been notified of the will's admission to probate in the manner section 28-40-111 provides, and is not barred by subdivision (b)(2)(A), must file grounds of objection "within three (3) months after the date of the first publication of the notice of the admission of the will to probate." A person not barred by subdivisions (b)(2)(A) through (C) must file "within three (3) years after the admission of the will to probate" (28-40-113(b)(2)(D)).

Revocable living trusts in Arkansas

The trust code

Chapter 73 of Title 28 "may be cited as the Arkansas Trust Code" (28-73-101). Under section 28-73-1104, "This chapter takes effect on September 1, 2005," and under section 28-73-1106(a)(1) it "applies to all trusts created before, on, or after September 1, 2005," except as otherwise provided in the chapter. Section 28-73-103 defines "revocable," as applied to a trust, as "revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Creating a trust

Section 28-73-402(a) states that "A trust is created only if:" the settlor has capacity to create a trust; the settlor indicates an intention to create the trust; the trust has a definite beneficiary (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose); the trustee has duties to perform; and the same person is not the sole trustee and sole beneficiary. None of those requirements is a witness or a notary.

Arkansas does not require a written instrument for every trust. Section 28-73-407 provides: "Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence."

Capacity, and trusts made by an agent

"The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will" (28-73-601(a)).

Act 804 of 2021 added an agent route. Under section 28-73-601(b), action by an agent under a power of attorney to create, amend, revoke, add property to or direct the trustee of a revocable trust is valid if the "Power of attorney expressly grants the agent the authority to perform the action" and the settlor had the capacity to take the action at the time the power of attorney was executed. Section 28-73-402(d) gives a parallel rule for a trust created by an agent. Powers of attorney are covered on the Arkansas power of attorney laws page.

Revocable by default, with a date limit

Section 28-73-602(a) provides: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before September 1, 2005."

How to revoke or amend, including by will

Section 28-73-602(c) sets the methods:

"The settlor may revoke or amend a revocable trust: (1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (A) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (B) any other method manifesting clear and convincing evidence of the settlor's intent." (Ark. Code 28-73-602(c))

So in Arkansas a later will can amend or revoke a revocable trust, but only when the trust does not set its own method or does not make its method exclusive, and only when the will expressly refers to the trust or specifically devises the trust property.

While the trust is revocable and the settlor has capacity to revoke it, "rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor" (28-73-603(b)).

Whether or not the trust has a spendthrift provision, "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors" (28-73-505(a)(1), as reenacted by Act 291 of 2023).

Certification of trust

Under section 28-73-1013(a), instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust stating, among other things, that the trust exists and the date the instrument was executed, the settlor's identity, the acting trustee's identity and address, the trustee's powers, and whether the trust is revocable and who holds a power to revoke it. A person who relies on the certification "without knowledge that the representations contained therein are incorrect is not liable to any person for so acting" (28-73-1013(f)(1)).

After the settlor dies: notice and the contest deadline

Under section 28-73-813(b)(3), within 60 days after the trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries of the trust's existence, the settlor's identity, the right to request a copy of the trust instrument and the right to a trustee's report. Under 28-73-813(e), this duty applies to a revocable trust that becomes irrevocable on or after September 1, 2005.

The contest deadline is in section 28-73-604(a). A person may bring a proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of "(1) three (3) years after the settlor's death; or (2) ninety (90) days after the trustee sent the person a notice informing the person of the trust's existence, the settlor's name, the trustee's name and address, the time allowed for commencing a proceeding, and a description of the beneficiary's interest, if any."

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Under section 28-27-101(a), "A will may validly devise or bequeath property to the trustee of a trust established or to be established" during the testator's lifetime by the testator, "regardless of the existence, size, or character of the corpus of the trust." It adds: "The devise or bequest is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death."

The limit is in subsection (c): "Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise or bequest to lapse." The chapter applies "to a will of a testator who dies after July 31, 1995" (28-27-102).

Arkansas wills and trusts at a glance

Recent changes

• Act 1047 of 2021. A temporary, uncodified section allowed notary-validated video witnessing of documents, including wills, during the COVID-19 emergency. By its terms it lasted only until Executive Order No. 21-07 expired or the emergency was terminated, and it is no longer in effect.
• Act 925 of 2021. Added section 28-25-111: a testamentary change to the beneficiary of a life insurance policy or annuity contract is ineffective unless made according to the policy or contract terms.
• Act 804 of 2021. Allowed an agent under a power of attorney that expressly grants the authority to create, amend or revoke a revocable trust (28-73-601(b), 28-73-402(d)).
• Act 272 of 2023. Raised the fee for depositing a will with the circuit court from $2.00 to $5.00 (28-25-108(a)).

Making a will in practice

The site's free Arkansas will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 28-25-103: the declaration, the signature at the end, and two attesting witnesses who sign at the testator's request and in the testator's presence. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Arkansas. The tool is not legal advice.

For members of the armed forces, a military testamentary instrument under 10 U.S.C. 1044d is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Arkansas probate
• Arkansas small estate affidavit
• Arkansas power of attorney laws
• Arkansas homestead exemption

This article provides general legal information about Arkansas law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Arkansas or the circuit clerk in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in Arkansas?

At least two, each 18 or older, for any will that is not wholly handwritten (Ark. Code 28-25-102, 28-25-103). The testator declares the document is his or her will, signs at the end in their presence, and the witnesses sign at the testator's request and in the testator's presence.

Does a will have to be notarized in Arkansas?

No. Section 28-25-103 does not include a notary in the execution requirements. An attesting witness may sign an affidavit before an officer authorized to administer oaths, which the circuit court may accept in place of testimony if probate is uncontested (28-25-106).

Is a handwritten will valid in Arkansas?

Yes, if the entire body of the will and the signature are in the testator's handwriting. It needs no attesting witnesses but must be proved by at least three credible disinterested witnesses to the handwriting and signature (28-25-104, 28-40-117(b)).

Can I make an electronic will in Arkansas?

Chapter 25 of Title 28 has no electronic-will or remote-witnessing provision, and section 28-25-103 requires signing in the presence of the attesting witnesses. The state's Uniform Electronic Transactions Act does not apply to the law governing the creation and execution of wills (25-32-103(b)(1)). A temporary 2021 emergency allowance for video witnessing (Act 1047 of 2021) is no longer in effect.

Does divorce revoke a will in Arkansas?

Divorce or annulment after the will is made revokes the will's provisions in favor of the former spouse (28-25-109(b)); the rest of the will stands. That section addresses the will only; see the divorce section above for trusts, life insurance and jointly owned property.

Can a spouse be left out of a will in Arkansas?

A surviving spouse married to the testator continuously for more than one year may take against the will (28-39-401). The election must be made within one month after the time for filing claims expires (28-39-403(a)); the dower or curtesy shares are explained in the limits section above.

Can a will change a living trust in Arkansas?

Sometimes. If the trust sets no method for revoking or amending it, or its method is not expressly exclusive, a later will or codicil that expressly refers to the trust or specifically devises its property can revoke or amend it (28-73-602(c)).

Is a living trust revocable in Arkansas?

For a trust created under an instrument executed on or after September 1, 2005, yes, unless its terms expressly make it irrevocable (28-73-602(a)). That default does not apply to older instruments.

How long do you have to contest a revocable trust in Arkansas?

The earlier of three years after the settlor's death or 90 days after the trustee sent the statutory notice describing the trust and the time allowed (28-73-604(a)).