Arkansas Last Will and Testament

What Is a Last Will and Testament?

Arkansas defines a will as “includes codicil,” which are amendments or additions to a will. (§ 28-1-102(20))

Requirements

To execute a valid will, individuals must:

• Be at least eighteen (18) years old and of sound mind. (§ 28-25-101)
• The will must be in writing. (§ 28-25-103(a))
• The testator must sign the will in the presence of two (2) witnesses. (§ 28-25-103(b)(2)(B))
• Witnesses must sign at the request and in the presence of the testator. (§ 28-25-103(c))

Filing

Arkansas does not require residents to file wills during their lifetime. After the testator’s death, the custodian of the will is required to deliver it to the probate court or a responsible party. (§ 28-40-104)

Sources

1. § 28-1-102(20)
2. § 28-25-101
3. § 28-25-103(a)
4. § 28-25-103(b)(2)(B)
5. § 28-25-103(c)
6. § 28-40-104

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