What the rule says
Arkansas provides two pathways to a valid will:
Attested wills (Ark. Code § 28-25-103)
1. A writing. 2. The testator's signature at the end of the will. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence.
Holographic wills (Ark. Code § 28-25-104)
An Arkansas holographic will is valid if:
1. Entirely in the testator's handwriting. 2. Signed by the testator. 3. Material provisions and signature in handwriting.
Self-proving affidavits
Under Ark. Code § 28-25-106, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For an Arkansas attested will:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
For an Arkansas holographic will:
- Write the entire substantive document in the testator's handwriting. - Sign the document.
Who this affects most
Arkansas's two-pathway framework provides flexibility through both attested and holographic options.