Article 1 - Identification, Family, and Revocation
1.1 Testator Identification
My full legal name is [[Testator Full Legal Name]]. I am also known by the name(s) [[Other Names or Aliases]]. My date of birth is [[Date of Birth]]. My Social Security Number (last four for identification only) is [[Last Four SSN]] if needed for estate administration.
1.2 Residence and Domicile
My current residence and domicile is [[Street Address]], [[City]], [[County]] County, Arkansas [[Zip Code]]. I intend Arkansas law to control the interpretation and validity of this Will and the administration of my estate to the maximum extent permitted.
1.3 Marital Status and Spouse
My marital status is [[Single / Married / Divorced / Widowed]]. My spouse, if any, is [[Spouse Full Legal Name]], whom I married on or about [[Date of Marriage]]. If I am married, I have considered any marital property rights under Arkansas law.
1.4 Children and Descendants
I have the following living children and descendants (including legally adopted children):
| Full Legal Name | Relationship | Date of Birth | Current Address or Notes |
|-----------------|--------------|---------------|--------------------------|
| [[Child 1 Full Legal Name]] | [[Son / Daughter / etc.]] | [[Child 1 DOB]] | [[Notes]] |
| [[Child 2 Full Legal Name]] | [[Son / Daughter / etc.]] | [[Child 2 DOB]] | [[Notes]] |
| [[Additional Child or Descendant]] | [[Relationship]] | [[DOB]] | [[Notes]] |
References to "my children," "my descendants," or "issue" include all children born to or legally adopted by me and their descendants, per stirpes, unless otherwise provided.
1.5 Revocation of Prior Wills and Codicils
I revoke all prior wills, codicils, and testamentary instruments made by me before the date of this Will. This revocation applies whether or not such prior instruments are in my possession or of record.
1.6 Effect of Divorce, Annulment, or Separation
If my marriage is dissolved, annulled, or I am legally separated after signing this Will, Arkansas law (including provisions analogous to revocation of benefits to former spouse) may affect gifts, nominations, and appointments to my former spouse and certain relatives. I intend to review and update this Will promptly upon any change in marital status, birth, adoption, or death.
Article 2 - Appointment of Personal Representative
2.1 Primary Personal Representative
I nominate and appoint [[Primary Personal Representative Full Legal Name]], residing at [[Primary PR Address, City, State, ZIP]], as Personal Representative (Executor) of my estate. If this person is unable, unwilling, disqualified, or unavailable to serve, the alternates below shall serve in order.
2.2 First Alternate Personal Representative
If the primary is unable or unwilling to serve or continue, I nominate [[First Alternate Personal Representative Full Legal Name]], of [[First Alternate PR Address]], to serve as Personal Representative.
2.3 Second Alternate Personal Representative
If both prior nominees are unavailable, I nominate [[Second Alternate Personal Representative Full Legal Name]], of [[Second Alternate PR Address]], to serve.
2.4 Bond and Security
To the fullest extent permitted by Arkansas law, I direct that no bond, surety, or other security be required of any Personal Representative nominated herein. If any court requires bond, I request the minimum bond permitted by law be accepted.
2.5 Compensation and Reimbursement
My Personal Representative shall be entitled to reasonable compensation for services rendered and reimbursement for reasonable and necessary expenses incurred in the administration of my estate, subject to court approval where required.
2.6 Acceptance and Successor
Any nominated Personal Representative who accepts appointment shall have all powers granted herein and by Arkansas law (A.C.A. Title 28). A successor or co-personal representative may be appointed by the serving representative or by court if needed.
Article 3 - Powers of Personal Representative
My Personal Representative shall have all powers conferred by this Will and by Arkansas law, including but not limited to the powers set forth in A.C.A. § 28-49-101 et seq. and general probate powers, exercisable without prior court order to the maximum extent permitted.
3.1 Collection, Management, and Control of Assets
My Personal Representative may take possession of, collect, secure, inventory, appraise, insure, manage, maintain, improve, and control all property of my estate, real or personal, tangible or intangible, including digital assets, intellectual property, business interests, and causes of action.
3.2 Sale, Lease, Mortgage, and Disposition
My Personal Representative may sell, lease, mortgage, pledge, exchange, partition, grant options on, or otherwise dispose of any real or personal property of the estate at public or private sale, for cash or credit, upon such terms as the Personal Representative deems advisable, without court order where permitted by Arkansas law.
3.3 Investment and Retention of Assets
My Personal Representative may retain any property I own at death (including illiquid, closely held, or non-income-producing assets) and may invest and reinvest estate assets in any prudent investments, including common trust funds, mutual funds, stocks, bonds, real estate, and alternative investments suitable for estate administration.
3.4 Operation and Disposition of Business Interests
My Personal Representative may continue, operate, sell, liquidate, reorganize, merge, or wind up any business interest I own at death, including [[Business Name or Description]], and may hire or retain managers, employees, attorneys, accountants, and other professionals.
3.5 Claims, Litigation, and Settlements
My Personal Representative may assert, prosecute, defend, compromise, settle, arbitrate, release, or abandon any claims in favor of or against my estate, including creditor claims, tax controversies, insurance claims, and litigation.
3.6 Taxes, Elections, and Filings
My Personal Representative may prepare and file all required federal and Arkansas tax returns, pay taxes, claim refunds, make elections (including alternate valuation, qualified disclaimers, and portability if available), request extensions, and represent the estate before taxing authorities.
3.7 Distributions in Cash or in Kind
My Personal Representative may distribute property of the estate in cash, in kind, or partly in each, and may determine values and make non-pro rata distributions as the Personal Representative deems fair and consistent with the terms of this Will.
3.8 Employment of Professionals and Agents
My Personal Representative may employ and pay from estate assets attorneys, accountants, appraisers, investment advisors, real estate brokers, property managers, genealogists, and other agents or professionals as needed.
3.9 Digital Assets and Electronic Records
My Personal Representative is authorized to access, manage, control, delete, or transfer my digital assets, including email accounts, social media, cloud storage, cryptocurrency, online financial accounts, and digital photographs, to the fullest extent permitted by the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Arkansas and any applicable terms of service.
3.10 Ancillary Administration
If I own property in another state or country, my Personal Representative may initiate ancillary proceedings, appoint local representatives, and take all actions necessary to administer and distribute such property.
Article 4 - Guardian for Minor Children
4.1 Guardian of the Person
If at the time of my death any of my children are minors and a guardian of the person is required, I nominate [[Primary Guardian Full Legal Name]], of [[Primary Guardian Address]], as guardian of the person of my minor child(ren). This nomination is made pursuant to Arkansas law governing parental appointment of guardians.
4.2 Alternate Guardian of the Person
If the primary guardian is unable, unwilling, disqualified, or unavailable, I nominate [[Alternate Guardian Full Legal Name]], of [[Alternate Guardian Address]], as alternate guardian of the person.
4.3 Guardian of the Estate / Conservator
If a guardian of the estate, conservator, or similar fiduciary is needed for any minor or incapacitated beneficiary, I nominate [[Property Guardian / Conservator Full Legal Name]], of [[Property Guardian Address]], to serve in that capacity.
4.4 Guardian Guidance and Letter of Wishes
I request that any guardian consider the child's health, education, religious or moral training, cultural heritage, relationship with extended family, and best interests. I may leave a separate non-binding letter of wishes addressing specific preferences regarding upbringing, schooling, medical care, extracurricular activities, and family contacts. Such letter shall guide but not bind the guardian or override court authority.
4.5 No Bond for Guardian
To the extent permitted, I request that no bond be required of any guardian or conservator nominated herein.
Article 5 - Payment of Debts, Expenses, and Taxes
5.1 Payment of Debts and Administration Expenses
My Personal Representative shall pay my enforceable debts, funeral and burial or cremation expenses, expenses of last illness, costs of administration, and any taxes as provided herein, from the residuary estate unless a specific source is designated.
5.2 Encumbered Property
Any beneficiary receiving property subject to a mortgage, lien, deed of trust, security interest, or other encumbrance shall take such property subject to the encumbrance. My estate shall not be required to satisfy the encumbrance unless this Will expressly provides otherwise.
5.3 Tax Apportionment
All estate, inheritance, generation-skipping transfer, and similar taxes (including interest and penalties) shall be paid from the residuary estate without apportionment to specific gifts or non-probate transfers, unless my Personal Representative determines otherwise to comply with law or to minimize overall tax.
5.4 Funeral and Disposition Instructions
My wishes regarding disposition of my remains are: [[Burial, cremation, donation, or other specific wishes]]. Preferred provider or location: [[Funeral Home / Cemetery / Provider Name and Location]]. These instructions are precatory and shall be followed only to the extent funds and circumstances reasonably permit.
Article 6 - Specific Gifts
6.1 Specific Gifts of Tangible Personal Property
I give the following items of tangible personal property:
| Item / Description | Primary Beneficiary | Alternate Beneficiary | Notes / Restrictions |
|--------------------|---------------------|-----------------------|----------------------|
| [[Specific Tangible Item 1, e.g. "grandfather clock"]] | [[Beneficiary Full Legal Name]] | [[Alternate Beneficiary Full Legal Name]] | [[Notes]] |
| [[Specific Tangible Item 2]] | [[Beneficiary Full Legal Name]] | [[Alternate Beneficiary Full Legal Name]] | [[Notes]] |
| [[Additional Tangible Personal Property Gifts]] | [[Beneficiary Full Legal Name]] | [[Alternate Beneficiary Full Legal Name]] | [[Notes]] |
If a specific item is not owned by me at death, the gift shall fail and pass with the residuary estate.
6.2 Separate Writing for Tangible Personal Property
I may leave a separate signed writing disposing of items of tangible personal property. To the extent permitted by Arkansas law, my Personal Representative is requested to honor any such writing.
6.3 Cash Legacies
I give the following cash gifts, to be paid as soon as practicable after my death:
| Amount | Primary Beneficiary | Alternate Beneficiary | Purpose / Restriction |
|--------|---------------------|-----------------------|-----------------------|
| $[[Cash Amount 1]] | [[Cash Beneficiary 1 Full Legal Name]] | [[Cash Alternate 1]] | [[Purpose or "unrestricted"]] |
| $[[Cash Amount 2]] | [[Cash Beneficiary 2 Full Legal Name]] | [[Cash Alternate 2]] | [[Purpose]] |
6.4 Real Property Gifts
I give the following real property (subject to any encumbrances per Article 5.2):
| Property Address / Description | Primary Beneficiary | Alternate Beneficiary |
|--------------------------------|---------------------|-----------------------|
| [[Real Property Description or Address 1]] | [[Real Property Beneficiary 1]] | [[Alternate]] |
| [[Additional Real Property]] | [[Beneficiary]] | [[Alternate]] |
6.5 Business Interests
I give my entire interest in [[Business Name, Entity Type, Ownership Percentage]] to [[Business Beneficiary Full Legal Name]], or if that beneficiary does not survive me, to [[Business Alternate Beneficiary]].
6.6 Charitable Gifts
I give the following to charity:
| Gift | Charity Name | Address / EIN | Restriction |
|------|--------------|---------------|-------------|
| [[Charitable Gift Description or Amount]] | [[Charity Legal Name]] | [[Address or EIN]] | [[Purpose or Unrestricted]] |
6.7 Failure of Specific Gifts; Lapse
If any specific gift fails because the asset is not in my estate, the beneficiary does not survive me (and no alternate survives), or for any other reason, the gift shall be added to and distributed as part of my residuary estate.
Article 7 - Residuary Estate
7.1 Definition of Residuary Estate
My residuary estate consists of all property, real or personal, of which I die seized or possessed or to which I am entitled at death, not effectively disposed of by the preceding articles of this Will (including lapsed or failed gifts, after-acquired property, and property over which I hold a power of appointment that I exercise herein).
7.2 Primary Residuary Distribution
I give, devise, and bequeath my residuary estate to the following beneficiaries in the shares indicated:
| Beneficiary Full Legal Name | Relationship | Share / Percentage |
|-----------------------------|--------------|--------------------|
| [[Primary Residuary Beneficiary 1]] | [[Spouse / Child / etc.]] | [[e.g. 50%]] |
| [[Primary Residuary Beneficiary 2]] | [[Relationship]] | [[e.g. 50%]] |
| [[Additional Residuary Beneficiaries]] | [[Relationship]] | [[Share]] |
7.3 Alternate Residuary Beneficiaries
If none of the primary residuary beneficiaries survive me or are able to take, I give my residuary estate to [[Alternate Residuary Beneficiary Full Legal Name]]. If that person also fails to survive or take, I give the residuary estate to [[Final Alternate or Charity]].
7.4 Distribution to Descendants; Per Stirpes
If a share is to pass to a beneficiary's descendants, distribution shall be made per stirpes (by right of representation) under Arkansas law unless otherwise directed.
7.5 Trusts for Minor or Incapacitated Beneficiaries (Optional)
If any residuary or specific beneficiary is under the age of [[Age, e.g. 25]] or incapacitated at the time of distribution, my Personal Representative may hold that beneficiary's share in a separate trust for the benefit of the beneficiary. The trustee (who may be the Personal Representative) may distribute income and principal for the beneficiary's health, education, maintenance, and support until the beneficiary reaches the stated age or the incapacity ends, at which time the remaining trust assets shall be distributed outright. The trust shall terminate no later than 21 years after the death of the last surviving beneficiary alive at my death.
Article 8 - General Provisions
8.1 No-Contest Clause
If any beneficiary under this Will directly or indirectly contests, attacks, or seeks to invalidate this Will or any of its provisions (other than a good-faith claim for construction or interpretation), that beneficiary shall receive only the sum of One Dollar ($1.00) in lieu of any other interest, and the contested share shall be distributed as if that beneficiary had predeceased me without surviving descendants.
8.2 Simultaneous Death
If any beneficiary and I die under circumstances that make it impossible to determine the order of death, it shall be presumed for purposes of this Will that the beneficiary predeceased me.
8.3 Severability
If any provision of this Will is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
8.4 Governing Law and Headings
This Will shall be governed by the laws of the State of Arkansas. Headings and article numbers are for convenience only and shall not affect interpretation.
8.5 Captions and Gender
Words importing the singular include the plural and vice versa. Words importing gender include all genders. References to "Personal Representative" include executor, administrator, or successor.
Article 9 - Execution
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature on this [[Date of Execution, e.g., 15th day of July, 2026]], at [[City]], Arkansas, declaring this to be my Last Will and Testament in the presence of the undersigned witnesses.
_______________________________________________
[[Testator Full Legal Name]]
Testator
The foregoing instrument, consisting of multiple pages (including this page), was on the date written above signed, published, and declared by [[Testator Full Legal Name]] as and for his / her Last Will and Testament, in our presence, and we, at his / her request and in his / her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses on the date written above.
Witness 1:
Signature: _______________________________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Full Address, City, State, ZIP]]
Witness 2:
Signature: _______________________________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Full Address, City, State, ZIP]]
Self-Proving Affidavit (A.C.A. § 28-25-106)
State of Arkansas
County of [[County]]
Before me, the undersigned authority, on this day personally appeared [[Testator Full Legal Name]], [[Witness 1 Full Legal Name]], and [[Witness 2 Full Legal Name]], known to me to be the testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument, and all of such persons being by me first duly sworn, the testator declared to me and to the witnesses in my presence that such instrument is the testator's last will and testament, and that the testator had willingly made and executed it as the testator's free and voluntary act and deed for the purposes therein expressed.
The witnesses, each on their oath, stated to me in the presence and hearing of the testator that the testator had declared to them that such instrument is the testator's last will and testament, and that the testator executed same as such and wanted each witness to sign it as a witness; and that to the best of their knowledge the testator was at the time of execution at least eighteen (18) years of age or an emancipated minor, of sound mind, and under no constraint or undue influence.
_______________________________________________
Testator
_______________________________________________
Witness 1
_______________________________________________
Witness 2
Subscribed and sworn to before me by the testator and witnesses on this [[Date]].
_______________________________________________
Notary Public / Authorized Officer
My commission expires: [[Date]]
(Seal)
Template - not professional advice. This is a sample legal document template. Verify all clauses, figures, disclosures, and execution formalities against current Arkansas law and consult a licensed Arkansas attorney. Laws change; personal circumstances vary. This document does not create an attorney-client relationship.
Primary Sources (as of 2026-06):
- Arkansas Code Annotated Title 28, Chapters 25 (Wills), 40 (Probate), 49 (Personal Representatives), and related provisions on execution (§ 28-25-103), self-proving affidavits (§ 28-25-106), guardianships, and fiduciary powers.
- Arkansas Rules of Probate Procedure regarding proof of wills.
- General guidance from Arkansas estate planning resources confirming attested will with two witnesses and optional self-proving affidavit.
Execute with two disinterested witnesses (not beneficiaries or their spouses where possible). Consider updating this Will after major life events (marriage, divorce, birth, death, significant asset changes). A holographic will is also recognized in Arkansas if entirely in the testator's handwriting and signed, but this formal template provides stronger safeguards for most estates.
