Elder law attorneys in Arkansas work the legal issues facing aging adults and their families: Medicaid planning for long-term care, drafting and updating durable powers of attorney and healthcare directives, guardianship and conservatorship proceedings, special needs trusts, and asset protection. Many also handle probate and estate planning; elder law is the subset focused on care planning and benefits eligibility. The Arkansas healthcare proxy and financial power of attorney forms cover the two instruments.

Federal law, as Arkansas applies it, sets a 5-year lookback period for Medicaid long-term care eligibility. An uncompensated transfer in the five years before the application (a gift, a transfer to a family member, a transfer to a trust that does not qualify) can trigger a penalty period during which Medicaid does not pay for nursing home care. It is why Medicaid planning starts years before the care is needed, and why elder law exists as its own practice area.

Estate planning attorneys in Arkansas average $314Clio Compare Lawyer Rates, Arkansas: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work. A flat-fee package runs $942Estimate: 3 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,884Estimate: 6 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a simple individual will and $2,890Estimate: 10 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,335Estimate: 15 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a basic revocable trust. An online service prices the same documents in the tens to low hundreds of dollars; the Arkansas will cost calculator sets the two side by side.

In Arkansas, estates valued at $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source or less use the Affidavit for Collection of Small Estate by DistributeeArk. Code § 28-41-101Verified Sep 8, 2026View source, 45 daysArk. Code § 28-41-101Verified Sep 8, 2026View source after death, a court filing short of full probate. That route is a form rather than a court case, and most families handle it without an attorney. Above the line, formal probate generally benefits from counsel for the procedural work, even when nothing is contested. The Arkansas probate calculator estimates the cost by estate value.

In Arkansas, the situations where counsel is typically worth the cost are: a blended family with children from a prior relationship; a business, rental property or significant investment assets; a dependent with special needs, who needs a special-needs trust to keep benefits; substantial property in more than one state. Where none of these apply, an online or self-help document is often enough.

Forms for Planning and Settling an Estate in Arkansas

Free Arkansas forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Healthcare Power of Attorney

Arkansas allows a choice for a healthcare power of attorney: 2Act 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Oct 15, 2026View source witnesses or a notary.

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Financial Power of Attorney

Arkansas treats a power of attorney as durable by defaultArk. Code §§ 28-68-102, 28-68-104, 28-68-105, 28-68-106, 28-68-107, 28-68-109, 28-68-112, 28-68-113, 28-68-119, 28-68-120, 28-68-201, 28-68-204 through 28-68-217, 28-68-301; Ark. Code § 18-12-501; Acts 2011 No. 805 (SB887, primary enactment); Acts 2021 No. 804 (HB1518, added "create" to § 28-68-201(a)(1) and § 28-68-301 form); Acts 2021 No. 356 (HB1455, amended §§ 18-12-501, 18-12-502); no amendments to Ch. 68 or § 18-12-501 after 2021 (re-checked 2026-09-18 via arkleg Code Sections Amended, /Acts/CodeSection?section=28|18 for every session 2013R through 2026F/2026S1 — zero Ch. 68 / § 18-12-501 rows; 2021R control returns §§ 28-68-201, 28-68-301, 18-12-501, 18-12-502; 2026F/2026S1 positive-controlled on titles 6, 19, 25, 26); verified 2026-09-18 against Act 805, Act 804, and Act 356 PDFs from arkleg.state.ar.us (amendment pages rendered to check strike/underline)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementArk. Code §§ 28-68-102, 28-68-104, 28-68-105, 28-68-106, 28-68-107, 28-68-109, 28-68-112, 28-68-113, 28-68-119, 28-68-120, 28-68-201, 28-68-204 through 28-68-217, 28-68-301; Ark. Code § 18-12-501; Acts 2011 No. 805 (SB887, primary enactment); Acts 2021 No. 804 (HB1518, added "create" to § 28-68-201(a)(1) and § 28-68-301 form); Acts 2021 No. 356 (HB1455, amended §§ 18-12-501, 18-12-502); no amendments to Ch. 68 or § 18-12-501 after 2021 (re-checked 2026-09-18 via arkleg Code Sections Amended, /Acts/CodeSection?section=28|18 for every session 2013R through 2026F/2026S1 — zero Ch. 68 / § 18-12-501 rows; 2021R control returns §§ 28-68-201, 28-68-301, 18-12-501, 18-12-502; 2026F/2026S1 positive-controlled on titles 6, 19, 25, 26); verified 2026-09-18 against Act 805, Act 804, and Act 356 PDFs from arkleg.state.ar.us (amendment pages rendered to check strike/underline)Verified Sep 18, 2026View source.

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Last Will and Testament

In Arkansas, a will is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitArk. Code Ann. § 28-25-103Verified Oct 18, 2026View source.

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Tools for Planning and Settling an Estate in Arkansas

Free calculators and checklists for planning or settling an estate in Arkansas: will and trust costs, probate, executor pay, and inheritance taxes.

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Arkansas runs $2,890Estimate: 10 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,335Estimate: 15 hours at $289, Clio's Arkansas Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $942Estimate: 3 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,884Estimate: 6 hours at $314, Clio's Arkansas Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Arkansas, four years at a public university cost about $77,880NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 13% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesArk. Code Ann. §§ 26-59-103, 26-59-106(c)(2)Verified Sep 15, 2026View source.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Arkansas costs an estimated $27,915Ark. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees set by statute as a percentage of the gross estateArk. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source. Estates under $100,000Ark. Code § 28-41-101Verified Sep 8, 2026View source can use a small-estate procedure instead.

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Do I Need a Revocable Trust?

Probate in Arkansas takes 6 months to 9 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateArk. Code § 28-48-108(d)(2) (6-tier statutory schedule on total market value of real + personal property; court may adjust if excessive or insufficient)Verified Sep 8, 2026View source; assets held in a revocable trust skip both.

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Are My Beneficiary Designations Protected?

Arkansas does not revoke an ex-spouse as beneficiary at divorceArk. Code § 28-25-109Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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