Wills and trusts by state › Arkansas
Arkansas estate planning
Will, trust, or both in Arkansas?
Arkansas is one of the states that accepts a will written entirely in your own handwriting, and it allows beneficiary deeds for real estate. Whether a trust belongs in your plan depends on what you own and who you want to protect.
Arkansas at a glance
- Witnesses for a will
- Two adult witnesses, and you sign at the end of the will. A self-proving affidavit is available.
- Handwritten wills
- Valid if the whole will and signature are in your handwriting. Three people who know your handwriting prove it later.
- Small-estate shortcut
- Affidavit for collection of a small estate, filed after a 45-day wait. The published limit is $100,000, not counting the homestead.
- Real estate without probate
- Beneficiary deeds are allowed if recorded before death.
- Property system
- Common law (separate property).
- Estate or inheritance tax
- None at the state level since 2005.
How probate works in Arkansas
Arkansas probate runs through the probate division of the circuit court. Small estates can be collected by affidavit filed with the probate clerk 45 days after death. Arkansas amended its probate law in 2025, so confirm the current small-estate limit with the court or an attorney.
Property that passes by beneficiary deed, beneficiary designation or joint ownership with survivorship generally stays out of probate.
Where a trust fits
Arkansas's trust code is based on the Uniform Trust Code.
A revocable living trust can keep property out of probate and private. For many families, a beneficiary deed on the home plus updated account beneficiaries covers much of the same ground, so ask which approach fits.
Questions to bring to a Arkansas estate-planning attorney
- Is a handwritten will a reasonable choice for me, or should I sign a witnessed one?
- Would a beneficiary deed or a trust work better for my home or land?
- Does my estate fit under the current small-estate limit?
- How does the Arkansas spouse's right to take against a will affect my plan?
- What did the 2025 probate changes mean for my family?
Start with five questions.
The free quiz gives you a personalized educational starting point. The optional $67 workbook helps you organize your information and questions before your appointment.
The workbook organizes your answers. It does not create a will, trust or other legal document.
Sources · checked November 2026