A Will is an essential document for every estate plan, even paired with a Revocable Trust. However, a Will alone will not allow you to bypass Probate. A Will is only a “roadmap” for Probate Court, unless paired with a Revocable Trust, in which case it becomes a “Pour Over Will” to "pour over" any of your property that is not properly placed into the Trust. A Will is also the correct place to list your wishes of Guardianship for the care of any minor children.
Arkansas Will Basics
- The Will names your "personal representative," or the individual you will designate to handle your affairs in the event of your death.
- You may see more official titles such as Executor/Executrix and Administrator/Administratrix (the official name of an individual handling someone's estate who passed away intestate).
- You have the ability to list all of your assets in your Will to meet all of your personal needs.
- You can also name alternative recipients for each piece of property in case the first-named individual pre-deceases you.
- And finally, your Will is the proper place to name the Guardians of any minor children.
Legal Requirements for Arkansas Wills
If the Will is not filled out correctly in Arkansas, you may run the risk of affecting the validity of your Will and risk sending your estate to probate court, intestate. The State of Arkansas also requires two (2) or more witnesses who must legally certify that you signed the Will in their company, and all the signatures must be notarized. One thing about each witness is they must not hold any interest that is named under your Will.
If you have any questions about your current Will or are looking to draft one for the first time, send our Attorneys an email.
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