Estate Planning in Arkansas

Married with children (same marriage)

Surviving spouse receives dower/curtesy: one-third life estate in real property during the marriage, plus one-third of personal property outright. Children share the remaining two-thirds of personal property and inherit the real property subject to the spouse's life estate. The surviving spouse receives NOTHING additional from the heritable estate when there are children — dower/curtesy is the entire spousal share.

Married with children from a prior relationship

Same as above — Arkansas does not distinguish between children of the current marriage and prior relationships for intestacy purposes. Dower/curtesy is 1/3 life estate real + 1/3 personal; children share the rest.

Married, no children

Dower/curtesy first: one-half of real property in fee, one-half of personal property outright. Then: if married 3+ years, spouse inherits the ENTIRE remaining heritable estate. If married less than 3 years, spouse inherits only one-half of the heritable estate — the other half goes to parents, siblings, or other relatives.

Single with children

Children inherit the entire estate equally. If a child predeceased the decedent, that child's descendants inherit by representation.

Single, no children

Parents inherit equally. If no parents survive, siblings inherit. The chain continues through grandparents, great-grandparents, and their descendants.

What makes a will valid

A written will signed by the testator at the end of the instrument, declared by the testator to be their will, and attested by at least two witnesses who sign in the testator's presence. Alternatively: a holographic will where the entire body and signature are in the testator's handwriting (no witnesses required at execution, but three must verify handwriting at probate).

What people think

That a holographic will just needs to be handwritten and signed, or that the signature can go anywhere on the document.

What actually happens

Arkansas is stricter than it appears. The testator must declare to witnesses that the document is their will — not just sign it in front of them. The signature must be at the end. Holographic wills must be ENTIRELY handwritten (not just material portions), and probating one requires THREE credible disinterested witnesses to verify the handwriting — not two. This makes holographic wills harder to prove than in most states that recognize them.

Common failure

Holographic wills where some material is typed or pre-printed — the will fails because Arkansas requires the entire body to be in the testator's handwriting. Also common: signature not at the end, or failure to declare to witnesses that the document is a will.

When a trust is better

When you want to avoid probate (especially the percentage-based attorney fees), when managing distributions to minors, when you own property in multiple states, or when privacy is important. However, for real estate under $100,000, the small estate affidavit with deed of distribution may be sufficient.

Execution checklist

1. Ensure the testator is 18+ and of sound mind
2. Put the will in writing — electronic-only documents are not valid
3. Sign the will AT THE END of the instrument
4. Declare to two witnesses that the instrument is your will
5. Have both witnesses sign in the testator's presence
6. Use disinterested witnesses to avoid the interested-witness forfeiture rule
7. Execute a self-proving affidavit (notarized) — strongly recommended
8. For holographic wills: ensure the ENTIRE body is in your handwriting

What it does

Grants authority to a named agent to manage financial and legal affairs on behalf of the principal. Healthcare decisions require a separate healthcare directive or healthcare POA.

Key rule

Arkansas follows the Uniform Power of Attorney Act. The POA must include specific durability language to survive incapacity. Without it, the POA terminates when the principal becomes incapacitated.

Real-world friction

Financial institutions may reject POAs they consider too old or too broad. Using Arkansas's statutory form reduces rejection risk.

Common mistake

Assuming a financial POA covers healthcare decisions. Arkansas separates financial and healthcare authority — you need a durable financial POA, a living will, AND a healthcare POA for complete coverage.

What it covers

Your preferences for life-sustaining treatment in terminal or permanently unconscious conditions (living will) and the designation of a healthcare agent to make medical decisions during incapacity (healthcare POA).

What's different

Arkansas uses separate documents for the living will and healthcare POA — they are not combined into a single advance directive. The living will is limited to terminal or permanently unconscious conditions; the healthcare POA covers broader medical decisions.

Execution requirements

Living will must be in writing and signed. Two witnesses required. Healthcare POA must be in writing and signed.

Common misunderstanding

Thinking a living will covers all medical decisions. It doesn't — it only applies to terminal or permanently unconscious conditions. The healthcare POA is needed for all other medical decisions during incapacity.

When required

When assets are held solely in the decedent's name without a beneficiary designation, joint ownership, beneficiary deed, or trust — and the estate exceeds $100,000 (after encumbrances and exclusions).

What makes Arkansas different

Arkansas has one of the most generous small estate procedures in the country — the $100,000 threshold is calculated AFTER subtracting encumbrances, the homestead exemption, and statutory allowances, which means the effective threshold is higher. Most importantly, the procedure includes real property — heirs can issue themselves a deed of distribution, bypassing formal probate for homes and land. Arkansas also allows beneficiary deeds (TOD for real estate) and TOD vehicle titles, giving families multiple probate-avoidance tools. Attorney fees are set by statute on a percentage basis.

Probate paths

What people get wrong

Assuming the small estate affidavit can't handle real property. In Arkansas, it can — heirs can issue themselves a deed of distribution for real estate under the small estate procedure. Also: not realizing the $100,000 threshold is calculated after subtracting encumbrances and exclusions, which means a family home with a mortgage may bring the estate under the threshold.

When a trust is useful

Avoiding probate and the percentage-based attorney fees, managing distributions to minors, maintaining privacy, incapacity planning, or holding property in multiple states. For real estate, a beneficiary deed may be a simpler alternative.

When a trust is unnecessary

Estates under $100,000 (after exclusions) — which can use the small estate affidavit even for real property. Also, families who use beneficiary deeds and TOD registrations for all major assets may not need a trust.

Key mistake

Creating a trust but not funding it. An unfunded trust doesn't avoid probate. Arkansas's beneficiary deed is a simpler tool for real estate if the primary goal is probate avoidance. Also: not accounting for the surviving spouse's dower/curtesy rights, which apply regardless of what the trust says.

Not knowing the small estate affidavit covers real property

Arkansas is one of the few states where the small estate affidavit can transfer real property. Heirs can issue themselves a deed of distribution for homes and land. Many families go through full probate unnecessarily because they don't know this option exists.

Ignoring the marriage-length distinction for intestacy

If married less than 3 years with no children, the surviving spouse receives only half the heritable estate — the other half goes to the decedent's parents, siblings, or other relatives. Married 3+ years, the spouse gets everything. This catches newlyweds off guard.

Holographic will with typed or pre-printed material

Arkansas requires the ENTIRE body of a holographic will to be in the testator's handwriting. A will where some material is typed or pre-printed fails as a holographic will. And probating it requires THREE credible disinterested witnesses to verify handwriting — more than most states.

Not mentioning a child in the will

Arkansas presumes that any unmentioned child — whether born before or after the will was executed — was unintentionally omitted. The child receives their intestacy share. To intentionally disinherit a child, the will must express clear intent.

Placing the signature somewhere other than the end of the will

Arkansas specifically requires the testator's signature at the end of the instrument. Signing in the middle, in the margin, or at the top may invalidate the will.

Not using a beneficiary deed for real property

Arkansas allows TOD deeds for real estate — a simple, revocable tool that transfers property directly to a beneficiary at death without probate. Combined with TOD vehicle titles, this can eliminate probate for most families' major assets.

Assuming dower/curtesy can be eliminated by a will

Dower and curtesy in Arkansas operate independently of the will. The surviving spouse can elect against the will (if married more than 1 year) and receive dower/curtesy as if the decedent died intestate. Only a valid prenuptial or postnuptial waiver eliminates these rights.