Simple Will - Arkansas

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Arkansas – Domicile County: [COUNTY], Date Signed: [__/__/____])

TABLE OF CONTENTS

1. Document Header & Recitals
2. Definitions
3. Revocation of Prior Instruments
4. Family Status Statement
5. Appointment of Personal Representative (Executor)
6. Specific Bequests
7. Residuary Estate
8. Guardian Nomination for Minor Children (If Any)
9. Administrative & Fiduciary Powers
10. Tax Administration
11. Personal Representative Compensation and Accountability
12. Governing Law; Probate Forum; Will Contest
13. Miscellaneous Provisions
14. Execution & Attestation Clause
15. Optional Attesting-Witness Affidavit (Ark. Code Ann. § 28-25-106)

1. DOCUMENT HEADER & RECITALS

I, [TESTATOR FULL LEGAL NAME], presently residing at [ADDRESS, COUNTY, STATE OF ARKANSAS], being of sound mind and at least eighteen (18) years old, hereby declare this instrument to be my Last Will and Testament (the “Will”), and I revoke all prior wills and codicils.

2. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below:

2.1 “Administrator” means any court-appointed fiduciary succeeding the Personal Representative.

2.2 “Descendants” means biological and legally adopted lineal descendants of every generation, the relationship being determined per stirpes.

2.3 “Estate” means all probate assets passing under this Will, plus any additions by reason of statute or otherwise.

2.4 “Personal Representative” means the Executor, Co-Executors, or Administrator acting from time to time.

2.5 “Probate Court” means the Circuit Court, Probate Division, for the county having jurisdiction under Arkansas law.

2.6 “Residuary Estate” has the meaning assigned in Section 7.

3. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke and annul all prior wills, codicils, and testamentary instruments previously made by me.

4. FAMILY STATUS STATEMENT

4.1 Spouse. I am currently [married/not married] to [SPOUSE NAME].

4.2 Children. I have the following children: [CHILD 1], [CHILD 2], [etc.]

5. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)

5.1 Primary Appointment. I nominate and appoint [PRIMARY EXECUTOR NAME] of [ADDRESS] as Personal Representative of my Estate.

5.2 Successor Appointment. If the primary nominee is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR NAME].

5.3 Bond. I request that the Probate Court dispense with bond for my Personal Representative. The court decides whether to grant or later revoke this request under Ark. Code Ann. § 28-48-206.

5.4 Compensation. The Personal Representative shall be entitled to reasonable compensation, reimbursed from the Estate, subject to Ark. Code Ann. § 28-48-108.

6. SPECIFIC BEQUESTS

I give the following specific gifts to the individuals or entities named. Property subject to a valid charge or encumbrance passes subject to that charge or encumbrance under Ark. Code Ann. § 28-26-105.

a. [DESCRIPTION OF ITEM / SUM] to [BENEFICIARY NAME & RELATIONSHIP]; if that gift cannot take effect, to [ALTERNATE BENEFICIARY / MY RESIDUARY ESTATE].
b. [Repeat as necessary].

If a gift fails and no alternate is named, the disposition is governed by Arkansas law, including the surviving-descendant rule in Ark. Code Ann. § 28-26-104.

7. RESIDUARY ESTATE

7.1 Definition. All property not effectively disposed of under Sections 6 or otherwise shall constitute my “Residuary Estate.”

7.2 Disposition. I give the Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY]. If that beneficiary does not survive me as required by Section 13.3, I give it to [CONTINGENT BENEFICIARY OR BENEFICIARIES AND THEIR SHARES]. State each intended alternate expressly; a gift with no effective recipient passes as Arkansas law directs.

8. GUARDIAN NOMINATION FOR MINOR CHILDREN

If a court must appoint a guardian for any of my minor children after my death, I request that it consider [PRIMARY GUARDIAN NAME] of [ADDRESS] as guardian of the person [AND ESTATE, IF INTENDED]. If that person cannot serve, I request that it consider [ALTERNATE GUARDIAN NAME]. This nomination does not itself appoint a guardian; the court must apply Ark. Code Ann. § 28-65-204, including a parent’s right to object and the applicable unfitness standard.

9. ADMINISTRATIVE & FIDUCIARY POWERS

I give my Personal Representative the power to sell, mortgage, lease, or exchange Estate property under Ark. Code Ann. § 28-51-102. The Personal Representative may instead use the procedures of the Probate Code where appropriate. This grant does not remove the accounting and liability duties in Ark. Code Ann. § 28-52-101.

I consent to the disclosure of my digital assets, including the content of my electronic communications, to my Personal Representative to the extent allowed by Ark. Code Ann. §§ 28-75-104 and 28-75-107–108. An effective direction I make through a custodian's online tool controls over a contrary direction in this Will.

10. TAX ADMINISTRATION

My Personal Representative may make tax filings and elections required or permitted by applicable law, subject to fiduciary duties and court supervision. This Will makes no special allocation of tax burdens among beneficiaries.

11. PERSONAL REPRESENTATIVE COMPENSATION AND ACCOUNTABILITY

11.1 Compensation and Expenses. My Personal Representative may request reasonable compensation and reimbursement of proper administration expenses, subject to applicable law and the Probate Division's review.

11.2 Accountability. This Will does not limit the Personal Representative's responsibility to account to the Estate for loss caused by neglect, embezzlement, self-dealing, or other conduct for which Arkansas law imposes liability.

12. GOVERNING LAW; PROBATE FORUM; WILL CONTEST

12.1 Governing Law. This Will shall be construed and regulated in all respects by the laws of the State of Arkansas.

12.2 Probate Forum. Probate proceedings concerning this Will should be filed in the Probate Division of the Arkansas Circuit Court for the county with venue under Ark. Code Ann. § 28-40-102. Amendment 80, §§ 6 and 19(B), place former probate court jurisdiction in the circuit courts.

12.3 No-Contest Provision. If a beneficiary under this Will brings a direct action to invalidate this Will and the action fails, that beneficiary shall forfeit the gift given under this Will. The forfeited gift passes to [NAMED ALTERNATE / RESIDUARY BENEFICIARY]. A court determines whether particular conduct is a direct contest and whether this clause applies under Arkansas law.

13. MISCELLANEOUS PROVISIONS

13.1 Severability. If any provision is held invalid, the remaining provisions shall remain in full force.

13.2 Headings. Section headings are for convenience only and do not affect interpretation.

13.3 Survival. An individual beneficiary must survive me by 120 hours to take a gift under this Will. If that survival is not established, the beneficiary is treated as having died before me for purposes of the gift, subject to Ark. Code Ann. §§ 28-10-203 and 28-10-206.

14. EXECUTION & ATTESTATION CLAUSE

IN WITNESS WHEREOF, I, [TESTATOR NAME], the Testator, sign my name to this Will on [DATE], at [CITY, ARKANSAS], declaring this instrument to be my Last Will and Testament, and do so in the presence of the undersigned witnesses, each of whom I have requested to sign this Will as witness hereto.

______________________________
[TESTATOR NAME], Testator

Witness Attestation

We, the undersigned witnesses, declare that, in the presence of the Testator and of each other, the Testator signed and acknowledged this instrument as the Testator’s Last Will and Testament, and we now sign below as witnesses, affirming that the Testator appeared to us to be of sound mind and free from undue influence, and that each of us is at least eighteen (18) years of age and competent to serve as a witness under Ark. Code Ann. § 28-25-102.

1. __________________________
   [WITNESS 1 NAME]
   Address: [ADDRESS]

2. __________________________
   [WITNESS 2 NAME]
   Address: [ADDRESS]

15. OPTIONAL ATTESTING-WITNESS AFFIDAVIT

(Ark. Code Ann. § 28-25-106)

An attesting witness may make this affidavit at execution or later. The officer administering the oath must write it on the will or securely affix it to the will or a true copy. In an uncontested probate, the circuit court may accept it in place of that witness's testimony. Each witness signing below swears to that witness's own observations. Use a separate copy for each attesting witness who gives an affidavit.

State of [STATE], County of [COUNTY], ss:

Before me, the undersigned officer authorized to administer oaths, personally appeared [WITNESS NAME], who, being sworn, stated:

1. I signed the foregoing will as an attesting witness at the testator's request and in the testator's presence.
2. The testator declared the instrument to be the testator's will and signed it, or acknowledged a signature already made, in my presence and in the presence of at least one other attesting witness.
3. At that time, the testator appeared to me to be of sound mind and acting voluntarily.

Attesting witness signature: [________________________________]

Sworn and subscribed before me on [__/__/____].

________________________________
Officer signature and title: [________________________________]
Commission expiration, if applicable: [__/__/____]

END OF DOCUMENT