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Will Writing Service in Arkansas

Written by

Annie L.

Reviewed & Facts Checked by: Patience P.
Will Writing Service in AR

Living in Arkansas and thinking of writing a Will? Below are the simplified steps for creating a will. This is a crucial step as it ensures your loved ones are taken care of after your death by having your property and assets planned out inside your will.

How much does it cost to write a will in Arkansas?

Writing a will in Arkansas will cost approximately $200 to $1,000, depending on the lawyer’s fees and the estate’s complexity.

A complex estate will cost more than a simple estate, as more time and resources will be invested in it. The type of will being written also affects the costs.

Can I write a will without a lawyer in Arkansas?

Yes, you can write a will without a lawyer in Arkansas. However, consider getting advice from a lawyer from LegalPen to help you navigate the laws involved in writing a will to ensure your will is valid and enforceable.

Yes, it is legal to write your own will in Arkansas. You will need to follow all the laws governing will writing in Arkansas on who can write a will, who can execute the will, what to include in a will, and how to execute the said will.

Does a will in Arkansas need to be notarized?

No, a will in Arkansas does not need to be notarized. However, there is a provision for making your will self-proving, which means you must go to a notary. This will speed up the probate process, as the court will accept the will without contacting the witnesses who signed it.

Do I Need a Lawyer to Make a Will in Arkansas?

No, you do not need a lawyer to make a will in Arkansas. You can make your own will by following the guidelines laid out by LegalPen, which has simplified the whole process. However, when you are still trying to figure out what to do, you should contact our legal professionals, who will help and guide you on the way forward.

Do I Need a Lawyer to File a Will in Arkansas?

No, you do not need a lawyer to file a will in Arkansas. Once you have created your will and included all your assets, beneficiaries, and witnesses as required, you can equally have the will filed without needing a lawyer.

Yes, online wills are legal in Arkansas. You can create your will online by providing all your assets to your beneficiaries to the specific assets, executing the will, and having it witnessed. The online will be binding if all the legal requirements for a valid will are met.

How to Include Digital Assets in an Arkansas Will

All wills in Arkansas can include Digital Assets as long as the testator has them. The ownership of the digital assets must be established. These assets may include, but are not limited to, cryptocurrency, NFTs, trademarks, passwords, etc. The digital assets should be referenced in the will and distributed to the beneficiaries as any other property.

Your executor will transfer the digital assets to your beneficiaries according to your wishes in the will. 

How to Disinherit Someone in an Arkansas Will

The most common way of disinheriting someone in an Arkansas will is by simply excluding them from your will, which means you do not mention them at all in your will. However, this can be challenged in court, and therefore, the best way is to expressly state who should not inherit from your estate after your death.

Another method of disinheriting someone is to leave them something minimal in the will, as this will show that you did not forget them but simply provided a small inheritance for them.

How to Handle Debts and Liabilities in an Arkansas Will

As the testator, you should have a list and details of all your debts and liabilities when creating your will. This will guide your executor on the amounts owed and to be paid by the estate.

The executor will manage your state’s assets, including paying off the valid liabilities and distributing the remaining assets to the beneficiaries.

The debts and liabilities have a specific order of priority for payment as follows;

  1. Administration expenses
  2. Funeral expenses
  3. Dets and taxes 
  4. Medical expenses
  5. All other debts.

How to Provide for Minor Children in an Arkansas will

You can provide for Minor children in an Arkansas will by appointing a guardian and naming them in the will.

Choosing a suitable guardian for your children is essential as they will be responsible for your child’s safety and welfare once you die. Your guardian should have the resources, mindset, and commitment to care for your children.

How to Store Your Arkansas Will Safely

The storage of your Arkansas Will is crucial in the will-writing process. You will require your loved ones to see and access your will after your death, so it is essential to store it in a safe place.

You can store your will in a safe inside your home. However, you must share the safe’s passcode with the executor, who can access it and retrieve the will.

Another option is a safety deposit box, to which you and your person of choice will have access to retrieve the will.

Leaving your will with a lawyer is an option. However, you must pay some fees for the services being provided. The lawyer will have specific instructions on who to hand over the will to after your death.

How to Contest a Will in Arkansas

In Arkansas, the one contesting the will must file a written objection with the county court handling the probate process.

The contest must be filed before the probate hearing.

The only people who can contest a will are the beneficiaries, a family member, or an interested party in the estate.

What Are No-Contest Clauses in an Arkansas Wills?

No-contest clauses in an Arkansas will are clauses that threaten no inheritance to the person who wishes to challenge any provisions of the will.

These clauses are used to dissuade the challenge of a will, which may be disadvantageous to any circumstances with legitimate errors.

What is the difference between probate in Arkansas and Mississippi?

In Arkansas, probate costs about 5% to 10% of the Groaa estate, while in Mississippi, it costs a flat fee of $2,500.

How to Handle Foreign Property in an Arkansas Will

When writing your will and you have any foreign property, you should include it in the list of assets and distribute it accordingly. However, you will need to make sure the will is valid in both states by ensuring all the legal requirements of making the will in both states are adhered to.

How to Make a Will for Same-Sex Couples in Arkansas

Marriage for Same-Sex Couples has been legal in Arkansas since June 2015, and estate planning has been important for any couple, married or not; making a will in Arkansas is one of the methods to protect your property rights after your death by clearly stating your wishes.

All the legal requirements of being at least 18 years old and of sound mind and having your will signed and witnessed still apply in making a will for same-sex couples.

How to Plan for Pet Care in Your Arkansas Will

You can plan for your pet’s care in your Arkansas will by clearly identifying your pet by name, appointing a caretaker with a money provision, and dictating the type of care your pet should receive after your death. 

How to Handle Business Succession in an Arkansas Will

In your Arkansas will, you should include a business succession plan that indicates your vision for the business, a list of people who will take over on your behalf in the event of your death, a method for resolving any emerging issues, and a timeline for when each phase should be met.

Having a well-thought-out business succession plan will ensure the business does not stop for any reason and continues to run smoothly.

How to Handle Out-of-State Property in an Arkansas Will

Out-of-state property in an Arkansas Will must be probated in the state of the property. Once probate has been instituted in the state of residence of the testator, the executor will have the legal capacity to institute what is known as ancillary probate in the state of the property. The laws of the state of the property will have to be adhered to during distribution.

What is the difference between Holographic wills and Statutory wills in Arkansas

Depending on the situation and circumstances, a testator can choose from various wills in Arkansas.

The difference between a Holographic will and a Statutory will in Arkansas is that a Holographic will is a handwritten will that is valid as long as it is entirely written in the testator’s hand and witnessed by three credible and disinterested witnesses. A statutory will is not provided for in Arkansas as there are no prescribed forms, and therefore, you must create your own will.

Meet the Author

LegalPen Author Anne

Annie L – Distinguished linguist at LegalPen

Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.

Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.