✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent. This article is for informational purposes only and does not constitute legal advice.
Arkansas has one of the stricter witness rules in the country when it comes to wills — if a witness to your will is also a beneficiary, they automatically lose their bequest. No exceptions, no savings clause. This makes the choice of witnesses particularly critical for Arkansas residents, and it's one of the key reasons a guided online will service can add real value here by prompting you to select disinterested witnesses.
Arkansas does recognize holographic wills and has no state estate tax, making it an overall favorable state for estate planning. Whether you're in Little Rock, Fayetteville, Fort Smith, or anywhere across the Natural State, making a legally valid will online is entirely achievable. Here's everything you need to know.
⚠️ Arkansas Witness Rule — Critical
Under A.C.A. § 28-25-102, if a witness to your will is also a beneficiary, their gift under the will is automatically VOID. Unlike many states that have a "savings clause," Arkansas has no such protection. Always use witnesses who receive nothing under your will.
Is an Online Will Legal in Arkansas?
Yes — online wills are fully legal in Arkansas when properly executed. Arkansas will law is found in Title 28, Subtitle III, Chapter 25 of the Arkansas Code Annotated.
Under A.C.A. § 28-25-101, every person 18 years of age or older, of sound mind, may devise by will any estate or interest in property which he or she owns at the time of death. Under A.C.A. § 28-25-102, a will shall be in writing, signed by the testator or by some other person in the testator's presence and at the testator's express direction, and attested by two or more credible witnesses who subscribe their names thereto in the presence of the testator.
Notarization is not required for a valid Arkansas will. However, a self-proving affidavit under A.C.A. § 28-25-106 allows the will to be admitted to probate without witness testimony — particularly important in Arkansas given the risk that witnesses may predecease the testator or be difficult to locate years later. Arkansas authorizes remote online notarization, making the self-proving affidavit convenient to complete from home.
Arkansas Witness Requirements — Strict
Arkansas's witness rule is among the stricter in the country. Under A.C.A. § 28-25-102, witnesses must be "credible" — meaning competent and generally understood to mean disinterested. Under A.C.A. § 28-25-102(b), if a subscribing witness is also a legatee (beneficiary) under the will, the bequest to that witness is void.
Unlike some states that have "savings clauses" (where a bequest to a witness is only void if fewer than two disinterested witnesses also signed), Arkansas law does not have such a savings clause. A beneficiary-witness in Arkansas simply loses their gift, full stop. Using disinterested witnesses is absolutely essential for an Arkansas will.
Holographic Wills in Arkansas
A.C.A. § 28-25-104 recognizes holographic wills in Arkansas. A holographic will is valid if it is written entirely in the testator's own handwriting and signed by the testator. No witnesses are required.
Arkansas courts have generally upheld holographic wills when the handwriting is clearly the testator's, the document clearly expresses testamentary intent, and there is no compelling evidence of fraud or undue influence. Despite their validity, holographic wills carry significant risks: they are more easily contested, ambiguous language in a handwritten document can lead to disputes, and proving the handwriting requires additional evidence in probate. A properly witnessed will from an online service is always the better choice.
Electronic Wills in Arkansas
Arkansas has not enacted the Uniform Electronic Wills Act. Fully electronic wills with electronic signatures are not currently valid under Arkansas law. Online will services generate printable documents requiring physical ink signatures — these comply fully with Arkansas law.
Arkansas Will Requirements Checklist
✔ Arkansas Legal Will Requirements
- You are at least 18 years old and of sound mind
- The will is in writing (typed or printed)
- You sign the will (or direct someone to sign in your presence)
- Two or more credible witnesses sign the will in your presence
- Witnesses MUST NOT be beneficiaries — their bequest is automatically void (§ 28-25-102)
- Notarization NOT required — but self-proving affidavit (§ 28-25-106) is strongly recommended
- Holographic wills ARE recognized — must be entirely handwritten and signed
- Electronic wills are NOT currently recognized — physical signatures required
Arkansas Probate: Courts, Process & Small Estates
Circuit Court (Probate Division)
Probate in Arkansas is handled by the Circuit Court in each county, which has a dedicated Probate Division. Arkansas has 75 counties, and Circuit Court judges — who also handle civil matters — preside over probate proceedings. Pulaski County (Little Rock) and Benton County (Bentonville, Rogers, Fayetteville metro) have the highest probate volumes.
Arkansas probate can be more time-consuming than states with simplified probate procedures. The state does not have an independent administration system comparable to Texas, meaning most estates go through supervised administration with some court oversight. Proper estate planning — including a self-proving affidavit for your will, and potentially a revocable living trust to avoid probate for major assets — can significantly streamline the process for your executor.
Arkansas Small Estate Affidavit
Under A.C.A. § 28-41-101, Arkansas allows a simplified small estate affidavit procedure for estates where total personal property does not exceed $100,000 and there is no real property involved. Surviving spouses can use an affidavit to collect certain personal property. The affidavit can be executed 45 days after the decedent's death.
Note that real property cannot be transferred via the small estate affidavit — only personal property (bank accounts, vehicles, personal effects, etc.) up to $100,000. If the estate includes real estate, full probate proceedings are generally required, or assets should have been transferred to a trust during life.
Estate & Inheritance Tax in Arkansas
Arkansas has no state estate tax and no state inheritance tax. Only the federal estate tax applies to Arkansas residents, with a 2026 exemption of approximately $13.61 million per individual. The vast majority of Arkansas residents will never owe any estate tax.
Best Online Will Services for Arkansas Residents
Best overall for Arkansas residents — explicit disinterested-witness guidance, complete document package, self-proving affidavit
Will plan from
$199
AR-Specific Documents
Self-Proving Affidavit
Disinterested Witness Guidance
Living Trust Available
Free Lifetime Updates
Trust & Will is our top pick for Arkansas specifically because it explicitly guides you through selecting disinterested witnesses — the single most critical aspect of an Arkansas will. The self-proving affidavit is included and essential given Arkansas's probate process. The living trust option is valuable for AR residents wanting to avoid probate for major assets.
✅ Pros
- Disinterested witness guidance
- AR self-proving affidavit
- Living trust avoids probate
- Free lifetime updates
❌ Cons
- Higher price than budget options
- No included attorney consultations
Start Your Arkansas Will at Trust & Will →
Good if you want attorney access for Arkansas estate questions
Will plan from
$89
AR-Compliant Documents
Attorney Add-On
Witness Guidance
LegalZoom produces valid Arkansas wills with optional attorney access. Useful for AR residents who want an attorney to review their beneficiary designations or answer questions about Arkansas's strict witness rules before executing their will.
✅ Pros
- Attorney access available
- Lower base price
❌ Cons
- Upsells inflate cost
- Updates extra
Compare at Trust & Will →
Subscription with Arkansas will templates and attorney Q&A
Membership from
$39.99/mo
AR Will Template
Attorney Q&A
Document Library
Rocket Lawyer offers Arkansas will templates with attorney Q&A. The attorney feature can help clarify Arkansas's strict beneficiary-witness rule or other state-specific questions before you sign.
✅ Pros
- Attorney Q&A included
- Multiple documents
❌ Cons
- Ongoing subscription
- Less estate-focused
See Trust & Will Instead →
One-time purchase for self-directed Arkansas estate planning
One-time from
$99
One-Time Purchase
AR-Specific
Executor Guides
Nolo's WillMaker provides AR-compliant will documents with a one-time purchase. Includes helpful executor documentation. Good for self-directed individuals who want comprehensive guidance without a subscription.
✅ Pros
- No subscription
- Comprehensive guidance
❌ Cons
- Software model
- Less intuitive
Compare at Trust & Will →
Online Will Service Comparison for Arkansas
| Service | Price | AR Self-Proving Affidavit | Witness Guidance | Best For |
|---|
| Trust & Will | $199 individual / $299 couples | ✅ Included | ✅ Explicit guidance | Best overall AR experience |
| LegalZoom | $89–$179 | ✅ Included | ✅ Good guidance | Attorney access needed |
| Rocket Lawyer | $39.99/mo | ✅ Available | ⚠️ Basic guidance | Multiple document needs |
| Nolo WillMaker | $99 one-time | ✅ Available | ✅ Good guidance | Self-directed approach |
| LawDepot | $9.95/mo | ✅ Available | ⚠️ Basic guidance | Simplest budget option |
Step-by-Step: How to Make a Will in Arkansas Online
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1
Choose your service Trust & Will is our top pick for Arkansas due to its explicit disinterested-witness guidance — the most critical Arkansas-specific requirement. The self-proving affidavit generation is also essential for AR probate.
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2
Complete the questionnaire Answer questions about your assets, family, beneficiaries, executor, and guardians for minor children. Pay special attention to who you plan to use as witnesses — they cannot be beneficiaries under your will. Takes 20–35 minutes.
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3
Review and print your documents Carefully review your will, self-proving affidavit, healthcare directive, and power of attorney. Verify all names, asset descriptions, and beneficiary shares are correct before printing.
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Sign before two disinterested witnesses and a notary Sign in front of two adult witnesses who receive NOTHING under your will. Both witnesses must sign. Then complete the self-proving affidavit before a notary. Arkansas allows remote online notarization, so this can be done via video call.
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Store and communicate Keep the original in a fireproof safe or safe deposit box. Ensure your executor knows exactly where to find it. Update your will after major life changes — marriage, divorce, births, deaths, or significant changes in assets.
Ready to Make Your Arkansas Will?
Trust & Will is our top pick for Arkansas — disinterested-witness guidance, AR self-proving affidavit included, and free lifetime updates.
Start Your Arkansas Will at Trust & Will →
Frequently Asked Questions
Is an online will legal in Arkansas?
Yes. Online wills are fully legal in Arkansas under A.C.A. § 28-25-101 and § 28-25-102. A valid will must be in writing, signed by the testator (age 18+), and attested by two credible witnesses in the testator's presence. Notarization is not required, though a self-proving affidavit under § 28-25-106 is strongly recommended.
What happens if a witness to my Arkansas will is also a beneficiary?
Their bequest is automatically void under A.C.A. § 28-25-102. Unlike many states, Arkansas has no "savings clause" — the gift is simply gone. The will itself remains valid and other bequests stand, but the beneficiary-witness loses their inheritance entirely. Always use witnesses who receive nothing under your will.
Are holographic wills valid in Arkansas?
Yes, under A.C.A. § 28-25-104. A holographic will must be entirely in the testator's own handwriting and signed — no witnesses required. Arkansas courts have upheld holographic wills when the handwriting and testamentary intent are clear. However, holographic wills are more easily contested and ambiguous language can cause disputes. A properly witnessed online will is always the better choice.
Does Arkansas require notarization of a will?
No — notarization is not required for a valid Arkansas will. However, a self-proving affidavit signed before a notary under § 28-25-106 allows the will to be admitted to probate without witnesses testifying in court. Given Arkansas's probate process and the strict witness rules, the self-proving affidavit is especially important and strongly recommended. Arkansas accepts remote online notarization.
Does Arkansas have a state estate tax?
No. Arkansas has no state estate tax or inheritance tax. Only the federal estate tax applies, with a 2026 exemption of approximately $13.61 million per individual. Most Arkansas residents will never owe any estate tax.
What is Arkansas's small estate affidavit threshold?
Under A.C.A. § 28-41-101, Arkansas allows a small estate affidavit for personal property not exceeding $100,000 with no real property involved. The affidavit can be used 45 days after the decedent's death. Real property generally requires full probate proceedings unless it was held in trust or with a joint tenant.
What court handles probate in Arkansas?
Probate in Arkansas is handled by the Circuit Court (Probate Division) in each of Arkansas's 75 counties. Unlike states with independent administration systems, Arkansas estates generally go through supervised probate administration. A living trust can help major assets bypass probate entirely for AR residents wanting a simpler process for their heirs. Additionally, Arkansas enacted the Uniform Real Property Transfer on Death Act (A.C.A. §§ 18-12-901 et seq.), which allows real estate to pass directly to a named beneficiary by recording a Transfer-on-Death (TOD) deed before death — avoiding probate on that property entirely without a trust.
Does Arkansas recognize electronic wills?
No. Arkansas has not enacted the Uniform Electronic Wills Act. Fully electronic wills are not valid under Arkansas law. Online will services generate printable documents for physical ink signing — these comply fully with Arkansas law.