Make a Arkansas Last Will and Testament

Arkansas State Last Will and Testament Laws

Definition of Will - §28-1-102(20)

Laws - Title 28 - Wills, Estates, and Fiduciary Relationships

Witnesses - According to §28-25-102 the Will must be signed by two (2) witnesses.

A Sample Arkansas Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name as well as your identified gender.

Step 2 - Specify your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Divorced
• Engaged
• Widowed
• Separated

Also, unless you are single, provide the name of your spouse.

Step 4 - State whether you have any children, pets, property, and life insurance.

Step 5 - Specify the names of your children, if they are living, and whether or not they will be named as beneficiaries. In addition, specify the names of pets, and information about any life insurance.

Step 6 - State what percentage of your assets or the amount of money you’d like to leave for each child.

Step 7 - State whether you wish to set up a trust for someone who is disabled or mentally ill who requires special care. Setting up a trust for someone with special needs can prevent interference with their ability to receive Supplemental Security Income and Medicare Benefits.

Step 8 - Specify the age that children must be in order to start receiving benefits from the trust, as well as the portion that will be received. Lastly, enter what age they will be when the benefits are terminated.

Step 9 - State the name of the funeral home you’d like your body taken to (if you already have one arranged).

Step 10 - If you already have the details of the meal after your funeral service, state those details here. You may also list any other pre-planned burial arrangements here as well.

Step 11 - Naming an Executor - An Executor is a person charged with administering your estate once you pass away. This person can be a beneficiary in the Will or a trusted person, such as an attorney or good friend. If an Executor is not named in a Will, the court will appoint one. Provide the following information:

• Executor name
• Relationship with you

Additionally, if you’d like to name an alternate Executor or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are already in a trust, you must appoint a Trustee who will be responsible for distributing the assets out of the trust once you pass away. Provide the following information:

• Name of Trustee
• Relationship

Step 13 - Digital Executor - If you have digital assets such as images of value, logos, digital currency, trademarks, copyrights, etc., you may wish to appoint a Digital Executor. If so, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, and wish to appoint a guardian for them in the event you die while they are minors, provide the following information and provide information for both an alternate guardian as well as a conservator.

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If there are other beneficiaries besides your children that you wish to include in your will, provide the following information below:

• Beneficiary name
• Beneficiary relationship with you
• Inheritance amount/percentage

Step 16 - Disinheritance of a Beneficiary - If you’ve decided to disinherit a spouse, child, or another beneficiary, provide the following information:

• Disinherited’s individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for both witnesses:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember to have both witnesses sign your Last Will and Testament, attesting that you are of sound mind when drafting this document. Additionally, be sure these signatures take place in the presence of a Notary Public so that it may legally be recognized by the state and other important institutions.

Why do you need an Arkansas last will and testament form?

In Arkansas, a valid will is important for a person to be able to communicate their wishes for their assets and loved ones upon their death and is crucial for estate planning. In Arkansas, this can include pets as well. Without a will and testament, the fate of a testator’s (the person who creates the will) assets and dependents will be determined by the courts.

The benefits of having a will

According to Arkansas law, a last will and testament is not legally required. However, laws of intestacy will distribute all assets according to the courts without it.

• When making a will, you can appoint an executor who will be responsible for carrying out your wishes upon your death, a legal document, is necessary. Any assets, real estate, real property, vehicles, bank accounts, jewelry, etc., as well as legal guardianship of any dependents, can be included in your will.
• In Arkansas, you can also include a pet trust in your will.
• Wills must go through probate court before executors can distribute any assets. If an estate is worth less than $50,000 (excluding property and allowances), any beneficiary can petition the court to exclude it from probate.

The costs of not having a will

Without an Arkansas will, which is referred to as dying intestate, Arkansas law will name a spouse as the default executor if they have been married for more than three years. If married within three years and there are no other dependents, spouses can inherit half of the assets, the rest going to any other surviving family. Arkansas employs “dower and curtesy,” meaning that surviving spouses with children or other descendants can use ⅓ of the estate for life and inherit ⅓ of any property outright. Without a will, Arkansas state law is followed to determine what happens to all property and dependents, regardless of whether the deceased was married at the time of death.