What Do I Need to Sign My TOD Deed in Arkansas?
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.
No. Arkansas does not require witnesses for a TOD deedArk. Code Ann. 18-12-608Verified Oct 18, 2026.
Yes. Arkansas requires notarization for a TOD deed to be validArk. Code Ann. 18-12-608Verified Oct 18, 2026.
Yes. A TOD deed can be executed entirely remotely in Arkansas: the signing happens in a live video session with an online notary, with no witnesses in the sessionArk. Code § 21-14-301 et seq.Verified Sep 4, 2026View source.
To execute a TOD deed in Arkansas: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the Circuit Clerk / Ex Officio County Recorder. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a Arkansas TOD deed recorded in the Arkansas county where the property sits. A TOD deed signed in another state cannot transfer Arkansas real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Arkansas document portability tool carries the recognition rule by document type.
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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.
Codicil to a Will
In Arkansas, a codicil is signed before 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, like a will.
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.
HIPAA Release
In Arkansas, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
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.
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. Arkansas does not recognize a Lady Bird deed.
Vehicle Transfer on Death
Arkansas allows a transfer-on-death beneficiary designation on a vehicle titleArk. Code Ann. 27-14-727Verified Oct 21, 2026View source, filed through the Arkansas Department of Finance and Administration, Office of Motor Vehicle using Form 108.
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.
Will My Estate Documents Transfer?
Arkansas recognizes a will signed under the law of the place where it was signedArk. Code Ann. §§ 28-25-105, 28-40-120Verified Oct 18, 2026View source; a will signed in Arkansas itself needs 2Ark. Code Ann. § 28-25-103Verified Oct 18, 2026View source witnesses, and notarization is not requiredArk. Code Ann. § 28-25-103Verified Oct 18, 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.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.
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.
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How Do I Name a Guardian for My Minor Children?
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.
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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Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.