How to Prepare Will in Arkansas Without a Lawyer | Easy Steps

Let's be honest, thinking about your will can feel heavy. It's a task many of us put on the back burner. But from my experience, I can tell you it's one of the most considerate things you can do for your family. Creating a will is about taking control of your affairs now to give everyone, including yourself, immediate peace of mind and prevent a world of complications for your loved ones down the road. This document becomes your voice when you can no longer speak for yourself.

Why Preparing Your Arkansas Will Is So Important

It’s an all-too-common story: someone passes away without warning, and the family is left grappling not just with grief, but with a tangled mess of legal and financial questions. When there's no will, the state of Arkansas has to step in and make decisions about your property. This legal process, called "dying intestate," means the state's rigid formulas dictate who gets what—and those formulas might not reflect your true wishes at all. It can turn an already difficult time into a prolonged, stressful, and costly ordeal for your family.

So many people delay learning how to prepare a will, believing it's a tool reserved for the wealthy or the elderly. That’s simply not true. If you have any assets—a house, a car, a bank account—or minor children, you need a will. It’s the foundational tool for ensuring your legacy is handled exactly as you intend.

Avoiding Intestacy and Family Disputes

Without a will, Arkansas intestacy laws take over. These laws distribute your assets to your closest relatives based on a strict hierarchy. While that sounds reasonable on the surface, real life is rarely so simple.

Think about it. A beloved partner to whom you aren't legally married would receive nothing. A strained relationship with a next-of-kin could mean they inherit assets you always planned to leave for a dear friend or a favorite charity. A will lets you bypass these default rules.

A will is far more than a legal document; it’s a final act of love and responsibility. It eliminates guesswork, minimizes the potential for family arguments, and provides a clear roadmap for your executor to follow, ensuring a smoother transition for those you leave behind.

This clarity is a priceless gift. By plainly stating your intentions, you lift the burden of difficult decisions from your grieving family and help prevent the kinds of disagreements that can permanently fracture relationships.

Protecting Your Assets and Peace of Mind

Procrastination is the single biggest enemy of estate planning. In fact, a staggering 60% of American adults don't have a will or any estate planning documents in place. For many, a health scare is the wake-up call; 43% of people say a medical diagnosis was their main motivation for finally taking action. Other common triggers include buying a home or nearing retirement.

Unfortunately, waiting can be a gamble. Probate costs can eat up as much as 10% of an estate's value, leaving heirs with a much smaller inheritance and unexpected legal bills.

Putting a will in place offers several key protections:

• Appoint an Executor: You get to choose a trusted person to manage your estate, pay off any debts, and distribute your property according to your instructions.

• Name Guardians for Children: This is critical. A will is the only place where you can legally name the person you want to raise your minor children if you're gone.

• Specify Your Wishes: You decide who gets your home, your savings, and your sentimental heirlooms. There’s no ambiguity left for the courts or your family to interpret.

For a more holistic view of how a will fits into your overall legacy, it's worth reviewing a comprehensive end-of-life planning checklist. Taking these steps today provides an immense sense of relief, knowing you have a solid plan in place for the future.

Gathering Your Essential Information and Assets

Before you even think about writing your will, you’ve got to know exactly what you’re working with. I like to think of this stage as creating a detailed map of your financial and personal life. Trying to draft a will without this complete picture is like giving someone directions to a place you've never been—it's a recipe for getting lost.

This isn’t just a boring exercise in listing your stuff. It's about painting a clear, comprehensive picture for the person you choose to handle your affairs. A little thoroughness now saves your loved ones a world of confusion and stress down the road.

Creating Your Financial Snapshot

First things first: you need a complete inventory of everything you own and everything you owe. It sounds like a big job, but if you break it down, it's perfectly manageable. Let's start with your major assets.

• Real Estate: List any property you own—your primary home, a vacation cabin, or any rental properties. It's crucial to note how the property is titled (for example, as sole owner or in joint tenancy).

• Financial Accounts: This covers your checking and savings accounts, certificates of deposit (CDs), and any money market accounts. Make sure to document the bank's name and the account numbers for each.

• Investments: Gather the statements for your retirement accounts, like a 401(k) or IRA. Do the same for brokerage accounts holding stocks, bonds, or mutual funds.

A clear understanding of your assets is essential, but so are their tax implications. For a good overview of common tax scenarios you might encounter with your portfolio, it's helpful to understand investment tax basics.

Don’t forget about your tangible personal property. This is all the physical stuff: vehicles, jewelry, art, furniture, and family heirlooms. You don't have to list every single fork and spoon, but you absolutely should be specific about significant items you want to go to particular people.

Checklist for Your Arkansas Will Preparation

To make this process smoother, I've put together a checklist. Using a table like this helps ensure you don't overlook any key pieces of information while preparing your will.

Gathering this information in one place is the foundational step. It not only prepares you for drafting the will but also creates an invaluable resource for your executor when the time comes.

Accounting for Debts and Your Digital Footprint

A list of what you own is only half the story. Your executor's job includes settling any outstanding debts, so they’ll need a clear record of what you owe.

Put together a list of all your liabilities. This includes your mortgage, car loans, student loans, credit card balances, and any personal loans you may have. This information is key to ensuring your estate can settle its obligations efficiently.

And in today's world, our assets aren't just physical. Your digital life has real value and needs to be addressed in your will. You'll want to make a list of important digital assets and any information needed to access them.

Consider including:

• Email accounts

• Social media profiles

• Cryptocurrency wallets

• Online businesses or blogs

• Photo and cloud storage accounts

Your will can provide instructions on whether these accounts should be closed, memorialized, or have their contents passed on to a specific person. This foresight prevents your digital legacy from becoming a frustrating puzzle for your family.

Making the Important Personal Decisions

Beyond the numbers, preparing a will involves making some of the most personal choices you'll ever face. These decisions require careful thought about the people in your life you trust most.

Choosing Your Executor Your executor is the person or institution you name to carry out your will’s instructions. This is a big job that requires responsibility, organization, and total integrity. It’s far more than just an honor.

A good executor should be:

• Trustworthy and completely reliable.

• Detail-oriented and capable of handling a lot of paperwork.

• An Arkansas resident, if possible, as this can simplify the probate process.

• Someone who can act impartially and communicate well with your beneficiaries.

Naming Guardians for Minor Children If you have kids under 18, naming a guardian is arguably the most critical decision in your will. This is your only chance to say who you want to raise your children if you can't.

When choosing a guardian, think about their parenting style, their values, where they live, and their financial stability. It's a profound decision, so give it the time it deserves.

Once you have someone in mind for these roles—whether it's an executor or a guardian—you need to have a real, open conversation with them. Make sure they understand what the role entails and are willing to accept the responsibility. The last thing you want is to surprise someone with this duty in the will itself, which can cause needless complications during an already emotional time.

Drafting Your Will to Meet Arkansas Legal Standards

This is where the rubber meets the road. All your decisions and intentions are about to become a formal, legally binding document. Getting the drafting details right is absolutely essential, especially if you're preparing a will without an attorney, to make sure it holds up in court and truly reflects what you want.

In Arkansas, a will has to clear a few key hurdles to be considered valid. First, you, as the testator (that’s the legal term for the person making the will), must have what’s called testamentary capacity. In simple terms, this means you’re of sound mind. You have to understand that you're creating a will, have a general idea of the property you own, and know who your relatives are.

Second, you need to show testamentary intent. This just means you fully intend for this specific document to be your final will. This is usually handled right at the beginning of the will with clear language like, "This is the last will and testament of [Your Name]."

Stating Your Wishes with Precision

Ambiguity is the absolute enemy of a well-drafted will. Vague language can easily lead to family arguments and force a probate court to guess what you actually meant. Your mission is to be as crystal clear and specific as possible when laying out how you want your assets distributed.

Don't just say, "I leave my valuables to my children." That’s a recipe for confusion. Instead, get precise. For example: "I leave my 2022 Ford F-150, VIN [insert VIN], to my son, John Doe. I leave my collection of antique pocket watches, currently stored in my home safe, to my daughter, Jane Smith."

The more specific you are, the less room there is for conflict down the road. Clearly identifying both the assets and the beneficiaries by their full legal names prevents mix-ups and helps your executor follow your instructions to the letter.

It's surprising how many people know they need a will but haven't gotten around to it. A 2025 survey showed that only 24% of Americans have a will, which is a big drop from 33% back in 2022. This tells us that even when major life events happen, many people are still unprepared, which really underscores the need for more awareness.

Following the Arkansas Signing and Witnessing Rules

The signing ceremony, legally known as the execution, is a very formal process with strict rules here in Arkansas. One small mistake at this stage can invalidate your entire will, no matter how perfectly you wrote it. You can't just sign it and stick it in a drawer.

To properly execute your will in Arkansas, you must follow these rules:

• It must be written: The will has to be a physical, written document.

• You must sign it: Your signature needs to go at the very end of the document. If you're physically unable to sign, you can direct someone else to sign for you, but they have to do it in your presence.

• You need two witnesses: Your signature has to be witnessed by at least two credible people.

These witnesses have to sign the will in your presence and in the presence of each other. Think of it this way: everyone should be in the same room, watching each other sign.

Key Takeaway: The witnesses aren't there to read your will or give their opinion on it. Their only legal job is to confirm that they saw you sign the document and that you appeared to be of sound mind and not under any pressure.

The infographic below breaks down how your decisions turn into a finished, drafted will.

This visual shows how naming an executor, dividing your assets, and setting up the signing are all connected steps in making a document that's legally solid.

Who Can and Cannot Be a Witness

Picking the right people to witness your will is just as critical as the signing itself. An eligible witness in Arkansas has to be at least 18 years old and competent.

Most importantly, your witnesses must be disinterested parties. This means they shouldn't be beneficiaries who stand to inherit anything from your will. If a beneficiary witnesses the will, it can trigger a "purging" situation where they could lose their inheritance just to keep the will valid. To sidestep this major headache, always pick witnesses who have no financial stake in your estate. Neighbors or coworkers not named in the will are often great choices.

Using Will Forms and Adding a Self-Proving Affidavit

For many people handling this process on their own, using state-specific will forms is a smart way to go. It's crucial to find templates that are fully compliant with Arkansas law. To make it easier, you can check out our court-approved Arkansas estate planning forms, which are designed to meet all the necessary legal standards.

Here's a pro-tip to make the probate process much easier for your family: include a self-proving affidavit. This is a separate statement that you and your witnesses sign in front of a notary public. It creates a legal assumption that your will was signed correctly, which means your witnesses probably won't have to show up in court later to testify. This one simple step can save your loved ones a ton of time, stress, and money.

Executing and Storing Your Will for Security

You've put in the hard work to draft a will that perfectly captures your wishes. But let’s be honest—that document isn't worth much if no one can find it or if it wasn't signed correctly in the first place. The final steps, executing and storing your will, are what give it real legal teeth.

Think of it this way: the signing process, which lawyers call "execution," is the formal ceremony that brings your will to life. It's not just a casual signature. Arkansas law has a specific procedure for this, and it's designed to prevent fraud and remove any doubt about your intentions.

This formality is your will's first line of defense against any future challenges. It creates a clear, legally recognized moment where your wishes were finalized with witnesses to back it up.

The Will Signing Ceremony

I like to tell my clients to treat the signing like a small, official event. You’ll need to gather yourself and at least two credible, disinterested witnesses in one place. The most important part of this "ceremony" is that everyone must be in the room and watch each other sign the document. You'll sign first, declaring to your witnesses that the document is your will. Then, each witness signs their name.

Here's a quick look at who does what:

• You (The Testator): Your job is to sign the will and tell your witnesses, "This is my will."

• The Witnesses: Their only job is to watch you sign and then sign it themselves. They are simply confirming they saw you sign it and that you appeared to be of sound mind. They don't even need to read what's in the will.

So, who makes a good witness? It needs to be someone who is at least 18 years old and, critically, has no financial stake in your will. Asking a beneficiary to be a witness is a classic mistake. Under Arkansas law, doing so could force them to give up their inheritance just to keep the will valid. Your best bets are often neighbors, colleagues, or friends who you haven't named in the will.

Where to Keep Your Will Safe

Once your will is properly signed and witnessed, keeping it secure is priority number one. The original signed document is the only one that truly matters in court; copies generally won't cut it. Your executor must be able to produce the original, and if they can't, it creates a massive headache for your family. They could be forced down the difficult path of complex legal procedures to try and sort things out. That's why we offer guided resources, and you can learn more by reviewing our Arkansas probate forms.

You've got a few options for storing your will, and each has its own set of pros and cons.

The single most important part of storing your will isn't just picking a safe spot—it's making sure your executor knows exactly where to find it. A will that can’t be found is no better than having no will at all.

No matter where you decide to keep it, give your executor clear, written instructions on how to access the document. This simple act of communication is one of the most vital steps in the entire process, ensuring your final wishes are carried out without any unnecessary delays or complications for your loved ones.

Keeping Your Will Current Through Life's Changes

Creating your will brings an incredible sense of security, but it's a huge mistake to see it as a one-and-done task. A will isn't a static document you file away and forget about. Think of it more like a living document that needs to evolve right alongside you, reflecting the new chapters and major changes in your life.

Treating your will as just a snapshot in time can be as problematic as having no will at all. An outdated will can create outcomes that are wildly different from what you'd want today, causing a lot of confusion and unintended consequences for the people you care about most. A good rule of thumb is to pull it out for a review every three to five years, or immediately after any big life event.

Key Life Events That Demand a Will Update

Certain moments in life should be an immediate trigger, signaling that it’s time to take a fresh look at your will. These are the times that fundamentally alter your relationships, your finances, or your responsibilities.

Significant changes that warrant an immediate update include:

• Marriage or Divorce: In Arkansas, getting married doesn’t automatically void a previous will, but a divorce can have a massive impact. A divorce typically nullifies any part of the will that names your ex-spouse as a beneficiary or executor. Still, it’s always best to create a brand new will to clearly state your new intentions.

• Birth or Adoption of a Child: This is one of the most critical times to update your will. You’ll want to name your new child as a beneficiary and, just as importantly, appoint a guardian to care for them if you're no longer around.

• Death of a Beneficiary or Executor: If a key person named in your will passes away, you absolutely need to update the document to name a replacement. Failing to do this can seriously complicate the probate process down the road.

• Major Financial Shifts: Coming into a large inheritance, selling a major asset like a business, or even taking on significant new debt can all change how your estate should be divided. Your will needs to reflect your current financial reality.

Forgetting to make these updates is an incredibly common oversight, but it’s one you can easily avoid with just a little proactive planning.

How to Legally Change Your Arkansas Will

When you decide it’s time to make a change, you have two main options here in Arkansas. The path you take usually depends on how big the update is.

For a minor tweak—like swapping out an executor or changing a single gift—you can use a document called a codicil. A codicil is basically a legal amendment or add-on to your existing will. It must be executed with the exact same legal formalities as the original will, meaning it needs to be signed and witnessed by two disinterested parties.

However, for more substantial changes, like getting remarried or completely rethinking how your assets are divided, creating an entirely new will is almost always the better, cleaner option. A new will automatically revokes all previous wills and codicils, leaving no room for confusion or conflicting instructions.

Expert Insight: While a codicil can work for small adjustments, I almost always recommend drafting a new will. It's often simpler and much safer. It prevents the potential mess of having multiple documents (the original will plus one or more codicils) that have to be pieced together and interpreted by the court.

The Modern Evolution of Estate Planning

The very idea of what makes up an "estate" is changing. It used to be all about financial accounts and physical property. Today, estate planning is broadening to include our digital lives and personal values.

This shift is showing up in recent studies. For example, a 2025 Trust & Will report found that while 55% of U.S. adults still have no estate plan, younger generations are redefining "legacy" to include their digital identity and personal values right alongside financial assets. The rise of accessible online platforms is making it much easier for people to prepare a will that reflects these modern priorities. You can check out the full report for more on these evolving estate planning trends.

This means when you review your will, you should also be thinking about your digital assets. This includes everything from social media profiles and email accounts to cryptocurrency wallets and online business domains. Your will can provide instructions for a "digital executor" on how to manage, memorialize, or delete these accounts. This little bit of forethought ensures your online legacy is handled exactly how you want, preventing it from becoming a frustrating puzzle for your family.

Common Questions About Arkansas Wills

Even after you've done your homework on how to prepare a will, it's natural for questions to pop up. The legal world has its own unique language and a very specific set of rules, so needing a bit of clarification is completely normal.

Let's walk through some of the most common questions we hear from Arkansans. My goal is to give you clear, straightforward answers so you can move forward with confidence.

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

This is easily the question I get asked the most. The short answer is no—you are not legally required to hire an attorney to create a valid will in Arkansas. For a lot of people, the process is straightforward enough to handle on their own, especially if they have the right resources.

If your financial picture is relatively simple—maybe you own a home, have some savings, and your family relationships are clear-cut—using state-approved forms or a reputable will-drafting program is often a perfectly fine choice. These tools are specifically designed to walk you through the process and make sure you check all of Arkansas's legal boxes.

However, there are definitely times when getting professional legal advice is a very smart move. You should seriously consider hiring an attorney if you find yourself in a more complex situation, like:

• You own a business or have significant, complicated assets.

• You're in a blended family and need to provide for a current spouse as well as children from a previous relationship.

• You have a feeling that someone might try to challenge the validity of your will after you're gone.

• You want to disinherit a close relative, like a spouse or a child, which can be legally tricky to do correctly.

In these scenarios, a lawyer can help you build an ironclad document that drastically reduces the risk of future fights and ensures your final wishes are truly protected.

What Happens If I Die Without a Will in Arkansas?

When someone passes away without a will, it’s legally known as dying "intestate." If this happens, you lose your say in how your property gets divided. Instead, the State of Arkansas steps in and makes all those decisions for you based on a rigid legal formula called the law of intestate succession.

A court will appoint an administrator to manage your estate, and your assets will be handed out to your closest relatives according to that strict formula. This predetermined order might be the exact opposite of what you would have wanted. For instance, a lifelong partner you weren't married to would get nothing. A favorite charity or a close friend you considered family would also be left out completely.

Dying intestate essentially means you’re handing over control of your entire legacy to the state. The process can be slower, more expensive, and almost always creates a ton of unnecessary stress and conflict for your family while they're grieving.

Putting a will in place is the only way to guarantee your assets go to the specific people and organizations you choose. To get a better feel for what the court process looks like for your loved ones, you can get more details from these Arkansas probate questions and answers.

Can I Write My Will by Hand in Arkansas?

Yes, you can. Arkansas is one of the states that recognizes a handwritten will, which is legally called a holographic will. While this might sound like a simple, old-fashioned option, there are very strict rules you have to follow for it to be considered valid.

For a holographic will to hold up in an Arkansas court, a few things are non-negotiable:

1. The entire body of the will must be in your handwriting. You can't type some of it and write the rest. Every word has to be yours.

2. Your signature must also be in your handwriting.

3. It has to be proven by three credible witnesses. Now, these witnesses don't need to watch you write or sign the will, but they must be able to go to court and testify that both the handwriting and the signature are genuinely yours.

Honestly, finding three disinterested people who can confidently identify your handwriting can sometimes be more of a hassle than just executing a standard, typed will with two witnesses present. For that reason, a formal, typed will is almost always the safer and clearer choice.

How Do I Change My Will If My Circumstances Change?

Life isn't static, and your will shouldn't be either. When you need to make updates, you have two main ways to do it in Arkansas.

One option is to create a codicil. This is a separate legal document that amends or adds to your existing will. A codicil works best for very small, simple changes, but it has to be executed with the exact same legal formalities as the original will—that means it needs to be signed and properly witnessed.

The second, and often better, option is to just create an entirely new will. This is what I'd recommend for major life events like getting married, going through a divorce, or having a baby. When you write a new will, you should always include a sentence that explicitly revokes all previous wills and codicils. This makes it crystal clear which document contains your final wishes and prevents any confusion down the road.

Feeling ready to take the next step and secure your legacy? At ArkansasLegalNow, we provide the court-approved forms and clear, step-by-step guidance you need to prepare your Arkansas will with confidence. Start building your will today.