Arkansas

Estate Planning in Arkansas

The Natural State

Free Arkansas estate planning forms, calculators that price a will or trust, and Arkansas estate planning attorneys.

Arkansas Estate Planning Rules

Estate planning in Arkansas involves navigating a specific set of state laws that differ in important ways from neighboring states. Understanding these distinctions helps ensure your documents will be valid and your wishes carried out as intended.

Like all states, Arkansas recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2Ark. Code Ann. § 28-25-103Verified Sep 15, 2026View source adult witnesses. The state also recognizes holographic (handwritten) wills, though these have stricter proof requirements and are more vulnerable to legal challenges. Arkansas doesn't offer a self-proving affidavit at the time you sign your will. Instead, your witnesses may need to provide sworn statements during probate to verify they watched you sign. Keep their contact information current—if they can't be located, proving the will becomes more complicated.

An Arkansas healthcare power of attorney is signed before either 2Act 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Jul 15, 2026View source witnesses or a notary publicAct 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Jul 15, 2026View source. Witnesses must be at least 18 yearsAct 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Jul 15, 2026View source old and cannot be the named agent. Those restrictions do not apply when the document is notarized instead of witnessed. The agent must be at least 18 yearsAct 1264 of 2013 § 2; Ark. Code Ann. § 20-6-103Verified Jul 15, 2026View source old.

An Arkansas financial power of attorney requires neither witnesses nor notarization to be validArk. 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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)Verified Sep 18, 2026View source. A notarized signature carries a statutory presumption that it is genuineArk. 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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)Verified Sep 18, 2026View source. The document is 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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)Verified Sep 18, 2026View source: it stays in effect if the principal becomes incapacitated. A springing power of attorney, one that takes effect only when the principal becomes incapacitated, is permittedArk. 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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)Verified Sep 18, 2026View source.

Arkansas does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Arkansas does not require a revocable living trust to be notarizedArk. Code Ann. § 28-73-101 et seq.Verified Jul 15, 2026View source. Arkansas allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring a home into a revocable trust does not forfeit Arkansas's homestead exemption—the protection carries through to trust-held property. Transferring property into a revocable trust does not trigger a property tax reassessment in Arkansas, so property taxes remain at their current level.

Arkansas does not automatically revoke an ex-spouse as beneficiary upon divorce. Without updating beneficiary designations after a divorce, an ex-spouse may still inherit life insurance proceeds and retirement accounts—regardless of what a will says. Arkansas provides full creditor protection for inherited IRAs, meaning creditors cannot reach these funds—a protection not available in every state.

Arkansas authorizes remote online notarization (RON), allowing trusts, healthcare directives, powers of attorney to be notarized via video call from anywhere. However, wills are excluded from RON and still require in-person notarization.

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Legal Sources

Data sourced from Arkansas statutes and official state code. How we research.

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A transfer-on-death deed is recorded with the county where the property sits. Click on any county in Arkansas for its recording office, recording fees, and the deed rules that apply there.

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Arkansas Estate Planning Forms

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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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Last Will and Testament

Name your heirs, guardians, and final wishes. Free for every state.

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Pour-Over Will

Catch anything outside your trust. Pairs with your revocable trust.

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Healthcare Power of Attorney

Name someone to make medical decisions if you can't.

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Financial Power of Attorney

Name someone to manage your finances if you can't.

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Transfer on Death Deed

Transfer real property to a beneficiary upon your death without probate. Available in 33 states and the District of Columbia.

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Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

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Arkansas Tools & Calculators

Price a will or a trust and check what your documents cover in Arkansas.

Who Inherits Without a Will in Arkansas?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

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How Much Are Estate & Inheritance Taxes in Arkansas?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

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What Does Estate Planning Actually Cost in Arkansas?

See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.

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How Much Does a Revocable Living Trust Cost in Arkansas?

Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.

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How Much Does a Will Cost in Arkansas?

Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.

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How Much Life Insurance Do I Need in Arkansas?

Calculate how much life insurance coverage you need. Accounts for income replacement, debt payoff, college funding, and state-specific factors like cost of living and estate taxes.

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What Taxes Apply to My Inheritance in Arkansas?

See which states charge inheritance tax, what federal tax applies, and how long it takes to receive money, property, or retirement assets from an estate or trust.

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How Does Step-Up in Basis Work in Arkansas?

Estimate the stepped-up basis on inherited stock, real estate, or business interests. Project federal and state capital gains tax with vs. without the step-up to see how much it saves at sale.

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Are My Beneficiary Designations Protected in Arkansas?

See how your state handles beneficiary designations after divorce, inherited IRA creditor protection, and spousal consent requirements for retirement accounts.

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What Are the Estate Laws in My State in Arkansas?

Understand your state's estate planning landscape. See will execution requirements, probate procedures, trust administration rules, and what happens if you die without a plan.

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How Do I Name a Guardian for My Minor Children in Arkansas?

Look up your state’s rules for naming a guardian for minor children: the document to use, what it takes to sign it, whether a standalone declaration works without a will, temporary non-court caregiver options, whether your child’s preference is weighed, and who is barred from serving.

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What Are the Burial and Cremation Laws in My State in Arkansas?

Look up your state's rules for who controls disposition of remains, cremation waiting periods, home burial, embalming, green burial, and whether human composting or water cremation are allowed.

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How Do I Sign Estate Documents in Arkansas?

Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).

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Will My Estate Documents Transfer in Arkansas?

Moving states? Find out if your will, trust, healthcare proxy, or power of attorney will be recognized in your new state. See the legal basis for interstate recognition and any potential issues.

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Do I Need a Revocable Trust in Arkansas?

Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.

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Do I Need a TOD Deed in Arkansas?

Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.

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Do I Need a Vehicle TOD in Arkansas?

Answer a few questions about how your vehicle is titled to see whether your state offers a transfer-on-death designation, what vehicles qualify, how it is filed, and the beneficiary rules.

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Do I Have to File Tax Returns for Someone Who Died in Arkansas?

See which federal and state tax returns need to be filed after a death. Check income tax, estate tax, and fiduciary return requirements with deadlines, form links, and tax clearance rules.

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Trust or Will: Which Costs Less in Arkansas?

Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.

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Arkansas Estate Planning Attorneys

Find estate planning attorneys by practice area in Arkansas.

Arkansas Estate Planning Attorneys

112 firms

Arkansas Elder Law Attorneys

30 firms

Arkansas Tax Planning Attorneys

18 firms

Arkansas Guardianship Attorneys

25 firms

Arkansas Special Needs Planning Attorneys

13 firms

Arkansas Asset Protection Attorneys

16 firms

Arkansas Medicaid Planning Attorneys

17 firms

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New Baby or Adoption

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

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Retirement

Retirement

Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.

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Serious Diagnosis

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A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.

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