Arkansas individuals often delay making a will because they are unsure about the legal steps or the cost. This guide explains what a will does, the basic requirements under Arkansas law, and what you should understand about estate planning going into 2026.
A clear estate plan, which should include a will, can save your family time, stress, and money when it matters most.

Under Arkansas law, a will must meet certain execution and witnessing requirements to be valid, and if an Arkansas resident dies without a valid will in place, the state applies intestacy statutes (Arkansas’ default inheritance rules) to determine how their property is distributed. This guide offers practical steps and a simple explanation of what you can expect when working with a will lawyer in Arkansas as you look ahead to 2026.

What a Will Does in Arkansas

A last will and testament gives you control over certain aspects of how your estate is managed and how your loved ones are provided for by providing clear instructions to the probate court, which oversees the administration of your estate. Without a will, Arkansas intestacy laws will make these important decisions for you.
A simple will can address:

• Who inherits your assets and in what shares
• Who will serve as guardian for your minor children, though the court will ultimately have final say on this point after taking your nomination into consideration 
• Who will serve as personal representative (also known as an executor) and administer your estate 
• How your real estate, business interests, and other significant assets will be handled

Tip: Even a basic will can help ensure your wishes are honored after your death and help your family avoid unnecessary confusion, delays, and costly court disputes.

Arkansas Living Will Requirements (Fast Facts for 2026)

In Arkansas, corporate law is primarily governed by specific statutes enacted for each entity type, such A living will (also commonly referred to as an advance directive) is different from a last will and testament. It outlines your wishes for medical treatment if you cannot communicate or do not have the capacity to make medical decisions for yourself. A living will can contain a declaration governing the withholding or withdrawal of life-sustaining treatment. It can also contain your nomination of a guardian in the event of your incapacity.
Under Arkansas law, a valid living will generally needs:

• Clear written instructions about medical treatment
• Your signature
• A notary or the signatures of two adult witnesses, at least one of whom is not related to you and is not an heir 

Relatedly, it is wise to appoint a trusted person to serve as your agent to make healthcare decisions for you in the event of your incapacity. This is accomplished through a durable power of attorney for health care. This document helps ensure that someone you trust is authorized to make medical decisions on your behalf with respect to matters not addressed in your living will.

Why it matters: A properly executed living will provides clear guidance to healthcare providers in critical situations, while a durable power of attorney for health care authorizes someone you trust to make decisions that your living will does not address. Without these documents—or with documents containing errors—medical teams may face delays, uncertainty, or be forced to make decisions that do not reflect your intentions.

Expected Cost to Get a Will in Arkansas in 2026?

The cost of obtaining a will may vary depending on your needs. Most families fall into three groups:

1. Simple Will

A simple will may be sufficient for individuals with minimal assets and straightforward beneficiary choices. However, in deciding to rely on a simple will, you should be aware that probate will be required. This process can be costly and time-consuming.

2. Will With Trust Components

A more comprehensive will that incorporates a testamentary trust may be useful for families with minor children, blended households, or assets they wish to keep together under common management for future generations. However, as with a simple will, a will that includes a testamentary trust still requires probate. Accordingly, it may be preferable to establish and fund the desired trust during your lifetime, allowing it to operate for your benefit while you are alive and for the benefit of your beneficiaries after your death, while avoiding the need for probate.

3. Pour-Over Will Used in Conjunction with a Trust

If a trust is the primary testamentary document in your estate plan, a will is still essential to ensuring your plan is effective. If the trust is not fully funded during your lifetime, you may still own assets that must go through probate at your death. A pour-over will ensures that any probate assets are transferred to your trust after your death, so they are ultimately distributed in accordance with your wishes as outlined in the trust, despite any oversights in funding during your life. 

In addition to a pour-over will, reviewing beneficiary designations on assets such as retirement accounts, life insurance policies, and bank accounts helps ensure your estate plan is comprehensive and internally consistent. 

Tip: An attorney can help you identify the documents you need heading into 2026 based on your situation.

Key Rules for Signing a Will in Arkansas

Generally, for a will to be valid in Arkansas:

1. The will must be in writing.
2. You must sign the will at the end of the document.
3. At least two adult witnesses must sign the will in your presence and at your request; and
4. You must declare to the attesting witnesses that the document is your will.

Templates and online kits may not meet Arkansas requirements or may fail to provide you with instructions on how to properly execute the will, which can lead to issues later. 

Why it matters: Mistakes in executing a will can cause probate delays and even result in the will being deemed invalid by the probate court. You want to ensure all requirements for a valid will are met so you can feel confident your wishes will be honored after your death.

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Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

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Common Mistakes Arkansas Residents Should Avoid in 2026

1. Relying on online forms; 

Many templates don’t meet requirements under Arkansas law, and even if the form is legally sufficient, the way the will is executed is critical to its validity. You’ll want to make sure you execute the document properly to ensure your will is legally enforceable.

2. Not updating a will after major life changes;

Marriage, divorce, adopting a child, losing a loved one, and other significant life events may require updates to your estate plan. Failing to revise your documents can result in outdated provisions that no longer reflect your wishes.

3. Not considering what assets will require probate;

Any asset you own individually at your death without a designated beneficiary will generally require probate. While a last will and testament is an essential part of an estate plan, it does not avoid probate. You must take additional steps during your lifetime if you want to avoid the probate process. 

4. Overlooking beneficiary designations;

Beneficiary designations are an important and cost-effective estate planning tool that can help you avoid probate. Certain assets, such as retirement accounts and life insurance policies, pass outside of probate and are not governed by the provisions of your will unless your estate is named as the beneficiary. Other assets, such as bank or investment accounts, may allow you to make a Transfer on Death (TOD) or Payable on Death (POD) designation, authorizing the financial institution to pay the balance directly to one or more named beneficiaries upon your death. Even real property can avoid probate through the use of a Beneficiary Deed, provided the Beneficiary Deed is properly executed and recorded in the real property records before the owner’s death. Beneficiary designations can be powerful estate planning tools, but you must ensure the designations in effect with respect to these assets align with your larger estate plan.

5. Not naming successor fiduciaries;

It is important to designate successor guardians, executors, trustees, and other fiduciaries to serve in the event your first choices for these positions cannot or will not serve. Failing to name backups can lead to delays, conflict, or the appointment of individuals who may not align with your wishes. Naming alternate fiduciaries provides needed flexibility and ensures continuity in your estate plan.

When to Talk to a Will Lawyer in Arkansas

You may want to talk with an attorney if:

• You have children who are minors or other dependents.
• You own a home, land, rental property, or a business.
• You want to leave property to someone outside your immediate family or have other non-standard requests.
• You need a living will or powers of attorney.
• You’re part of a blended family.
• You want to reduce the chance of disputes.

Attorneys at RMP regularly help individuals and families in the Springdale, Bentonville, Jonesboro, Little Rock, and surrounding communities prepare wills and estate plans that follow Arkansas law and reflect their priorities.

Checklist: What to Bring to Your First Meeting with a Will Lawyer

• A list of your assets to help the attorney evaluate appropriate estate planning tools and potential funding needs.
• An estimate of your net worth for purposes of determining whether tax planning may be advisable.
• A list of people you trust to serve as preferred guardians, executors, and in other fiduciary roles.
• Any prior wills, advance directives, or other estate planning documents.
• Questions or concerns you have about probate or healthcare planning.
• Any special instructions or considerations for beneficiaries.

Tip: You don’t need to have everything figured out before you meet with an attorney and begin the process of estate planning. The goal is clarity and direction.

Local Resources 

If you want to know more about the probate process, important advance care planning documents, or even tax issues related to estate planning, check out these resources:

• Arkansas Judiciary — Probate Benchbook
• Arkansas Department of Health — Advance Directives
• IRS — Estate and Gift Tax Basics

Contact RMP Law

RMP Law advises Arkansas businesses of all sizes on entity formation, compliance concerns, governance matters, contracts, and transactions. Our attorneys understand the nuances of Arkansas corporate law and work with business owners to protect their investments and achieve long-term success.

Contact RMP Law today to schedule a consultation and ensure your business is structured properly, compliant, and built for growth.

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Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us

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DISCLAIMER: The information provided on this website does not constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.