Arkansas: Will Execution Requirements
The short answer
To sign a valid will in Arkansas you must be at least 18 and of sound mind, put the will in writing, declare to two witnesses that the document is your will, and sign it at the end (or have someone sign for you at your direction) while both witnesses are present — then the two witnesses sign at your request and in your presence. Notarization is not required. Arkansas also recognizes a handwritten (holographic) will that is written entirely in your own hand, but it has no harmless-error rule and does not allow electronic wills, so the signing steps must be followed exactly.
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This is the general rule in Arkansas. Ezel applies current Arkansas law to your specific facts and answers with citations to the statutes.
| Governing law | Arkansas Code Title 28, Subtitle 3, Chapter 25 (Execution and Revocation). The core execution statute is § 28-25-103; § 28-25-101 sets who may make a will, § 28-25-102 covers witnesses, § 28-25-104 covers holographic wills, and § 28-25-106 the self-proving affidavit. Arkansas uses the common-law attested-will model and is NOT a notarial-will or electronic-wills state |
|---|---|
| Minimum age & capacity | Any person 'of sound mind eighteen (18) years of age or older may make a will' (§ 28-25-101). The statute states only 'sound mind'; Arkansas case law supplies the test — the testator must understand that they are making a will, the nature and extent of their property, and the people who would naturally receive it. Capacity is measured at the moment of signing |
| Writing & signature | Must be signed by the testator, who may sign personally, acknowledge a signature already made, sign by mark, or have another person sign the testator's name 'in his or her presence' and at the testator's direction (§ 28-25-103(b)(1)). The signature 'must be at the end of the instrument' (§ 28-25-103(b)(2)(A)) — an at-the-end rule most UPC states lack. The testator must also declare to the witnesses that the instrument is their will |
| Witnesses required | At least two attesting witnesses (§ 28-25-103(a)). The testator's signing or acknowledgment, and the declaration, must be done 'in the presence of two (2) or more attesting witnesses,' and those witnesses 'must sign at the request and in the presence of the testator' (§ 28-25-103(b)(2)(B), (c)). A witness must be 18 or older and generally competent (§ 28-25-102(a)). Interested witness: the will stays valid, but an interested witness who is not backed by two other disinterested witnesses forfeits any gift exceeding what they would have taken in intestacy (§ 28-25-102(b)) |
| Notarization & self-proving | Notarization is NOT required to sign a will — a notary is not a witness. A self-proving option is available: any attesting witness may sign an affidavit before an officer authorized to administer oaths, stating what they would testify to in an uncontested probate, written on or affixed to the will (§ 28-25-106). In an uncontested case the court may accept that affidavit in place of the witness's live testimony |
| Handwritten (holographic) wills | Yes, but strictly. A holographic will is valid with no attesting witnesses only when 'the entire body of the will and the signature' are 'written in the proper handwriting of the testator' (§ 28-25-104) — a wholly-handwritten test, not the looser 'material provisions' test. To be admitted it must be established by the evidence of at least three credible disinterested witnesses to the testator's handwriting and signature. The statute states no date requirement |
| Electronic & remote wills | Not permitted. Arkansas has not enacted the Uniform Electronic Wills Act or any electronic-wills statute; § 28-25-103 requires a physically signed writing with two witnesses who sign in the testator's presence. A will 'signed' only electronically, or witnessed only over video, is not a valid Arkansas will |
| Harmless-error / curative doctrine | No. Arkansas has not adopted the Uniform Probate Code's harmless-error rule (§ 2-503) or any substantial-compliance cure. Section 28-25-103 states the execution requirements in mandatory terms ('must be by the signature of the testator and of at least two (2) witnesses'), so a technical execution defect generally voids the will and cannot be excused by proof of intent |
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Requirements one by one
Governing law
Arkansas's will-execution rules are in the Arkansas Code, Title 28 (Wills, Estates,
and Fiduciary Relationships), Subtitle 3, Chapter 25 (Execution and Revocation). The
core statute is § 28-25-103 (signature and two witnesses); § 28-25-101 says who may
make a will; § 28-25-102 covers witnesses and interested witnesses; § 28-25-104
recognizes handwritten (holographic) wills; and § 28-25-106 provides the self-proving
affidavit. Arkansas uses the traditional common-law "attested will" — a written
document the testator signs in front of two witnesses. It is not a civil-law
"notarial will" state, and it has not adopted electronic wills.
Minimum age & capacity
Any "person of sound mind eighteen (18) years of age or older may make a will"
(§ 28-25-101). A person under 18 cannot make a valid Arkansas will. The statute states
only the "sound mind" requirement; Arkansas courts supply the working test — you must
understand, in a general way, that you are making a will, the nature and extent of what
you own, and who your family members and natural heirs are. Capacity is judged at the
moment of signing, so a later illness does not undo a will validly made while of sound
mind.
Writing & signature
An Arkansas attested will must be signed, and § 28-25-103(b)(1) gives four ways to do
it: sign it yourself, acknowledge a signature you already made, sign by mark (with your
name written near the mark and witnessed), or have someone else sign your name for you
"in your presence" and at your direction (that person then writes their own name and
states they signed at your request). Two placement and timing rules go with the
signature: it "must be at the end of the instrument" (§ 28-25-103(b)(2)(A)) — anything
below your signature is at risk of being disregarded — and you must "declare to the
attesting witnesses that the instrument is" your will. The at-the-end rule is an
Arkansas feature that many Uniform Probate Code states do not have.
Witnesses required
An Arkansas will needs at least two attesting witnesses (§ 28-25-103(a)). Your signing
or acknowledgment, together with your declaration that the document is your will, must
happen "in the presence of two (2) or more attesting witnesses," and those witnesses
"must sign at the request and in the presence of the testator" (§ 28-25-103(b)(2)(B),
(c)). In practice that means both witnesses are together with you when you sign or
acknowledge and declare, and each signs while you watch. A witness must be at least 18
and generally competent (§ 28-25-102(a)).
On interested witnesses, Arkansas uses a partial-forfeiture rule rather than voiding
the will. A gift to a witness does not invalidate the will, but "unless the will is
also attested by two (2) qualified disinterested witnesses," an interested witness
"shall forfeit so much of the provision therein made for him or her as in the aggregate
exceeds in value ... what he or she would have received had the testator died intestate"
(§ 28-25-102(b)). In other words the witness-beneficiary keeps only up to their
intestate share and loses the excess unless two disinterested witnesses also signed.
Notarization & self-proving
An Arkansas will does not have to be notarized to be valid — a notary is not one of the
two required witnesses, and notarizing a will does nothing to satisfy § 28-25-103's
witness rule. What a notary supports is the optional self-proving step: any attesting
witness may sign an affidavit before an officer authorized to administer oaths, stating
the facts they would testify to in an uncontested probate (§ 28-25-106(a)). The
affidavit is written on the will or securely affixed to it, and in an uncontested case
the circuit court may accept it "with the same effect as if the testimony of the witness
had been taken before the court" (§ 28-25-106(c)–(d)). This spares the witnesses a court
appearance but is never a substitute for the witnessing itself.
Handwritten (holographic) wills
Arkansas recognizes a holographic will, but on stricter terms than many states. Under
§ 28-25-104 a holographic will is valid with no attesting witnesses only when "the
entire body of the will and the signature" are "written in the proper handwriting of
the testator." This is the older wholly-handwritten test — every operative word, not
just the "material provisions," must be in your own hand, so a printed form filled in by
hand generally will not qualify. To admit the will, its proponent must establish it "by
the evidence of at least three (3) credible disinterested witnesses to the handwriting
and signature of the testator." The statute sets no date requirement, but a date in your
hand is wise to fix the order of competing wills.
Electronic & remote wills
Arkansas does not permit electronic wills. It has not enacted the Uniform Electronic
Wills Act or any electronic-wills statute, so § 28-25-103's requirement of a physically
signed writing witnessed in person by two people still controls. A will that exists only
as a computer file, or that was "signed" by typing a name, or witnessed only over video,
is not a valid Arkansas will. (Arkansas does allow a notary to perform some remote
online notarizations, but that authority does not create a way to execute a will
electronically or to witness one by video.)
Harmless-error / curative doctrine
Arkansas has no harmless-error rule. It has not adopted the Uniform Probate Code's
§ 2-503 or any substantial-compliance cure, and § 28-25-103 states the execution
requirements in mandatory terms — the execution "must be by the signature of the
testator and of at least two (2) witnesses." So a will with a witnessing or signature
defect generally cannot be rescued by proving after the fact that the testator meant the
document as a will. Arkansas is a strict-compliance state, and the holographic will is a
separate valid form, not a way to cure a defective attested will.
What trips people up
Notarizing a will is not the same as witnessing it. A common and costly mistake is
taking a typed will to a notary and assuming that makes it official. It does not.
Arkansas requires two attesting witnesses under § 28-25-103; a notary's acknowledgment
satisfies nothing in that section. Notarization matters only for the optional
self-proving affidavit under § 28-25-106, attached to an already properly witnessed
will.
The signature must be at the end. Section 28-25-103(b)(2)(A) requires the testator's
signature at the end of the instrument. Adding gifts or instructions below your
signature — or signing only in the margin or on a cover page — invites a dispute about
what was actually part of the signed will. Sign at the very end, after all the terms.
A handwritten will must be entirely in your hand. Arkansas's holographic will is not
a fill-in-the-blank form. The entire body and the signature must be in your own
handwriting (§ 28-25-104); a store-bought or printed form with handwritten blanks
generally does not qualify, and proving the will later takes three disinterested
witnesses to your handwriting. If you want the simpler path, use a typed will signed
before two witnesses instead.
There is no second chance for a botched signing. Because Arkansas has no
harmless-error rule, a will that misses a formality — one witness instead of two, a
witness who signed outside your presence — generally fails, no matter how clearly you
intended it. Follow § 28-25-103 exactly, or have the will properly re-executed.
Common questions
Does my Arkansas will have to be notarized? No. Arkansas requires two attesting
witnesses, not a notary (§ 28-25-103). Notarization only supports the optional
self-proving affidavit under § 28-25-106, which speeds up probate but never replaces the
witnesses.
Can I handwrite my own will without witnesses? Yes, if you do it completely by hand.
Arkansas recognizes a holographic will when the entire body and your signature are in
your own handwriting (§ 28-25-104), with no attesting witnesses — but admitting it later
requires three disinterested witnesses to your handwriting, so a witnessed typed will is
usually the safer route.
Can I sign my Arkansas will online or over video? No. Arkansas has not adopted
electronic wills, so a will must be a physical signed writing witnessed in person by two
people (§ 28-25-103). Signing electronically or witnessing by video does not make a valid
Arkansas will.
Can a family member who inherits under the will also be a witness? They can, but it
can cost them. The will stays valid, yet unless two disinterested witnesses also signed,
an interested witness forfeits any gift larger than their intestate share (§ 28-25-102).
The safe practice is to use two witnesses who inherit nothing.
Statutes and sources
- Ark. Code Ann. § 28-25-101 — who may make a will: any person of sound mind 18 or older.
https://law.justia.com/codes/arkansas/title-28/subtitle-3/chapter-25/section-28-25-101/ (accessed 2026-07-11) - Ark. Code Ann. § 28-25-102 — witnesses: competency, and the interested-witness partial-forfeiture rule.
https://law.justia.com/codes/arkansas/title-28/subtitle-3/chapter-25/section-28-25-102/ (accessed 2026-07-11) - Ark. Code Ann. § 28-25-103 — core execution: signature of testator and at least two witnesses, declaration, signature at the end, and witnesses signing at the testator's request and in their presence.
https://law.justia.com/codes/arkansas/title-28/subtitle-3/chapter-25/section-28-25-103/ (accessed 2026-07-11) - Ark. Code Ann. § 28-25-104 — holographic wills: entire body and signature in the testator's handwriting, proven by three credible disinterested witnesses.
https://law.justia.com/codes/arkansas/title-28/subtitle-3/chapter-25/section-28-25-104/ (accessed 2026-07-11) - Ark. Code Ann. § 28-25-106 — self-proving affidavit of an attesting witness, accepted by the court in an uncontested probate.
https://law.justia.com/codes/arkansas/title-28/subtitle-3/chapter-25/section-28-25-106/ (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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