LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

(Arkansas – Domicile County: [COUNTY], Effective Date: [EFFECTIVE DATE])

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 Apportionment & Elections
11. Risk Allocation; Executor Indemnity & Liability Cap
12. Governing Law; Probate Forum; Injunctive Relief
13. Miscellaneous Provisions
14. Execution & Attestation Clause
15. Self-Proving 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 over the age of eighteen (18) years, 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 direct that no bond or other security be required of any Personal Representative unless the Probate Court so orders for good cause.

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, free and clear of any encumbrances, to the individuals or entities named:

a. [DESCRIPTION OF ITEM / SUM] to [BENEFICIARY NAME & RELATIONSHIP].
b. [Repeat as necessary]

Any specific bequest that fails shall lapse into the Residuary Estate unless otherwise expressly provided.

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, devise, and bequeath the Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY], or, if he or she fails to survive me, to [CONTINGENT BENEFICIARIES / CHARITY] in equal shares, per stirpes.

8. GUARDIAN NOMINATION FOR MINOR CHILDREN

If, at my death, any of my children are under eighteen (18) years of age, I nominate [PRIMARY GUARDIAN NAME] of [ADDRESS] as Guardian of the person and estate of such minor child(ren). If the primary nominee is unable or unwilling, I nominate [ALTERNATE GUARDIAN NAME].

9. ADMINISTRATIVE & FIDUCIARY POWERS

The Personal Representative shall have, without court order, all powers granted under Ark. Code Ann. §§ 28-68-101 et seq., together with the following discretionary powers:

a. Sell, lease, encumber, or distribute Estate assets on such terms as deemed advisable;
b. Continue, incorporate, or liquidate any business interest;
c. Manage digital assets pursuant to the Arkansas Fiduciary Access to Digital Assets Act;
d. Settle, compromise, or litigate claims for or against the Estate;
e. Exercise fiduciary discretion to treat receipts and disbursements as income or principal.

10. TAX APPORTIONMENT & ELECTIONS

10.1 All estate, inheritance, and similar transfer taxes with respect to property passing under this Will or otherwise shall be paid from the Residuary Estate without apportionment, unless inconsistent with applicable tax law.

10.2 The Personal Representative may make any elections available under the Internal Revenue Code and applicable Arkansas tax law, including but not limited to QTIP, without liability to any beneficiary for resulting tax or allocation consequences.

11. RISK ALLOCATION; EXECUTOR INDEMNITY & LIABILITY CAP

11.1 Indemnity. The Estate shall indemnify and hold harmless the Personal Representative from any and all claims, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) incurred by reason of any act or omission within the scope of fiduciary duties, except to the extent arising from the Personal Representative’s willful misconduct or gross negligence.

11.2 Liability Cap. Notwithstanding any contrary rule of law, the Personal Representative’s liability to any person shall be limited to the lesser of (a) the value of the Estate remaining under his or her control, or (b) amounts actually distributed to such person. No personal liability shall attach beyond Estate assets.

12. GOVERNING LAW; PROBATE FORUM; INJUNCTIVE RELIEF

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

12.2 Exclusive Forum. All matters relating to the probate, interpretation, or enforcement of this Will shall be filed exclusively in the Probate Court of [COUNTY], Arkansas.

12.3 Injunctive Relief. Without limiting statutory remedies, any interested person may petition the Probate Court for injunctive relief to prevent waste, protect Estate property, or enjoin will contests brought in violation of this Section.

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 Simultaneous Death. In the event of simultaneous or common disaster death within 120 hours, each beneficiary shall be deemed to have predeceased me for purposes of this Will, unless contrary to the Uniform Simultaneous Death Act, Ark. Code Ann. § 28-10-201 et seq.

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.

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

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

15. SELF-PROVING AFFIDAVIT

(Ark. Code Ann. § 28-25-106)

STATE OF ARKANSAS )
) ss.
COUNTY OF _________ )

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, and, all being duly sworn, each declared to me that:

1. The Testator signed the instrument as his/her Last Will and Testament.
2. The witnesses witnessed the Testator’s signing thereof or the Testator’s acknowledgment of that signature.
3. Each witness signed the instrument as a witness in the presence of the Testator and of each other.
4. At the time of such execution, the Testator was eighteen (18) years of age or older, of sound mind, and under no undue influence.

Subscribed, sworn to, and acknowledged before me on this ___ day of __________, 20___.

________________________________
Notary Public Signature
My Commission Expires: __________

END OF DOCUMENT