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What wills are valid in Arkansas?

On Behalf of | Feb 28, 2023 | Wills

A will plays an essential role in your estate distribution and will make handling your properties easier for your surviving loved ones. However, states across the country have different considerations on what type of will is valid and what is not. So, you have to ensure the will is valid in your state.

Recognized last wills

Arkansas recognizes the following types of wills as valid and enforceable as long as they meet the basic requirements set by law:

  • Written will: This is the most common type of will in estate planning. The testator’s attorney usually drafts this document and follows the formalities set by law for writing wills.
  • Holographic will: This will is written entirely in the handwriting of and signed by the testator. As long as the document meets the requirement mentioned, it does not require any witness to testify. However, if someone challenges the handwriting, three credible witnesses must testify that the will is in the testator’s handwriting.

Invalid wills

While some states accept the following as valid wills, Arkansas does not recognize them as such:

  • Nuncupative will: This is an oral will or statement the testator makes.
  • Electronic will: This is a will digitally created using online templates and guides. Due to problems with authentication and storage online, attorneys do not usually recommend this type of will.

Wills can be both simple and complex at the same time. If you are unsure if your will is valid, you may want to consider consulting with an estate planning attorney to ensure it is ready for execution in case anything happens to you.