Arkansas

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

28-25-101, et seq.

Operative Facts

1. Must be of sound mind
2. Must be at least 18 years old
3. document must be signed by declarant
4. signature mjust be witnessed by 2 individuals

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Two or more attesting witnesses must sign at the request and in the presence of the testator. Testator shall declare to the attesting witnesses that instrument is his will

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid if entire body and signature is in handwriting of testator and evidence of three credible disinterested witnesses to handwriting