How Do I Name a Guardian for My Minor Children in Arkansas?
In Arkansas, a parent names a guardian for a minor child in a will or a separate signed writingArk. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Ark. Code § 9-25-101Verified Sep 15, 2026View source.
In Arkansas, a parent names a guardian for a minor child in a will or a separate signed writingArk. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)Verified Sep 15, 2026View source. It needs your signature, and the nomination covers the child until the age of majority, 18Ark. Code § 9-25-101Verified Sep 15, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the parent's nominee has appointment priority, but the court can still decline them on a best-interest findingArk. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)Verified Sep 15, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
Yes. Arkansas recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nominationArk. Code §§ 28-65-204(b)(1), 28-65-222 (as amended by Act 713 of 2025, § 25)Verified Sep 15, 2026View source, so a full will is not required; a will remains the standard place to do it.
Yes. Arkansas allows a Custodial Responsibility Agreement / Power of Attorney During Deployment (Uniform Deployed Parents Custody and Visitation Act), under which any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custodyArk. Code §§ 9-21-201, 9-21-202, 9-21-204, 9-21-205 (Title 9, Ch. 21, Art. 2)Verified Sep 15, 2026View source.
In Arkansas, the court weighs the preference of a child 14 or olderArk. Code § 28-65-204(b)(2)Verified Sep 15, 2026View source.
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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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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Arkansas
Free forms for planning your estate in Arkansas: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)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) and cross-checked against codified text (law.justia.com 2025 Ark. Code, codified-mirror tier, live curl)Verified Sep 18, 2026View source.
Transfer on Death Deed
In Arkansas, a beneficiary deed is signed before a notaryArk. Code Ann. 18-12-608Verified Oct 18, 2026, then recorded with the county before the owner's deathArk. Code Ann. 18-12-608Verified Oct 18, 2026.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Arkansas, the living will is the DeclarationArk. Code Ann. §§ 20-17-201 to 20-17-218 (Arkansas Rights of the Terminally Ill or Permanently Unconscious Act)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Arkansas
Free tools for planning your estate in Arkansas: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Will Cost?
An attorney-prepared will in Arkansas 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, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $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.
Trust or Will: Which Costs Less?
In Arkansas, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.
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.
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.
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.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
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. Attorney fees are statutory (set by law)Ark. 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.
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Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.