Arkansas State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

  • Arkansas Code
  • Probate jurisdiction rests with the Probate Court (Section 28-1-104)
  • Probate laws are primarily in Title 28

Minimum age requirement to:

  • Distribute property by will: 18 (Section 28-25-101)
  • Which minor gets property: 18 to 21

Holographic will recognized (Section 28-25-104)

State taxes:

  • Estate tax: Equal to federal credit for state death taxes (Section 26-59-101 to 26-59-122)
  • State gift tax:Inheritance tax: No inheritance tax (Section 26-59-101 to 26-59-122)
    • No state gift tax (Section 26-59-101 to 26-59-122)
    • Anatomical Gift Act (Section 20-17-601)
  • Inheritance tax: No inheritance tax (Section 26-59-101 to 26-59-122)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 28-9-204 to 28-9-206)

  • No surviving spouse, but there are surviving children:
    • All of the estate goes to the surviving children split equally among them or to their children in accordance to their per capita share
  • Surviving spouse and
    • Children of surviving spouse:
      • One-third (1/3) of real estate and one-third (1/3) of personal property to your surviving spouse, and
      • The other two-thirds (2/3) of your real estate, and the other two-thirds (2/3) of your personal property to your surviving children equally or to their children according to their per stirpes share
      • Children not of the surviving spouse (for example your children from a previous marriage):
        • One-third (1/3) of real estate and one-third (1/3) of personal property to your surviving spouse, and
        • The other two-thirds (2/3) of your real estate, and the other two-thirds (2/3) of your personal property to your surviving children equally or to their children according to their per stirpes share
        • No children and both of your parents of deceased:
          • If married for over three years, then all of your estate to your surviving spouse
          • If married for less than three years, then one-half (1/2) of your estate to your surviving spouse and the other one-half (1/2) to your siblings equally or to their children according to their per stirpes share, and if the siblings have not children, then to your ancestors (up to great-grandparents); if none, then all to the surviving spouse
        • No children, but at least one of your parents survives you:
          • If married for over three years, then all of your estate to your surviving spouse
          • If married for less than three years, then one-half (1/2) of your estate to your surviving parents equally
  • At least one parent survives you, but no surviving spouse or children:
    • All of your estate will pass to your surviving parents equally
  • No spouse, children, or parents:
    • Siblings (brothers and sisters) according to their per stirpes share. If none, then to grandparents or their children according to their per stirpes share

Who must be named as a beneficiary in your will:

  • Surviving spouse (Section 28-39-407), andChildren, born or adopted (Section 28-39-401)
    • Surviving spouse must be given:
      • One-third (1/3) of personal property, and
      • One-third (1/3) of real estate for life (Section 28-39-401)
  • Children, born or adopted (Section 28-39-401)

Effects of changes in your marital status on your will:

  • You are divorced from the surviving spouse:
    • Revokes will as to divorced surviving spouse (28-25-109)
  • You get married without changing your will that does not provide for your new spouse:
    • Does not revoke your will (Section 28-25-109)

Out of state executors must appoint an in-state agent to accept legal papers (Section 28-48-101(b)(6))

Witnesses:

  • Minimum number of witnesses required: Two (Section 28-25-102)
  • Are witnesses allowed to be beneficiaries?: Yes, but still need two disinterested witness (Section 28-25-102)
  • Other than be two witness, there is no other requirement to be a witness

Property Ownership: (Sections 18-12-106, 18-12-603, and 23-47-204):

  • Common law state
  • All property acquired in a community property state is community property
  • Both Tenancy in common and joint tenancy are recognized
  • Bank account deposits held jointly are payable to any survivor named in the bank account
  • Tenancy by the entirety is recognized in this state when conveyance is between husband and wife

Other types of wills:

  • Self-proving wills recognized: Yes (Section 28-25-106)
  • Living will: Declaration (Section 20-17-202) requires diagnoses by two different physicians to an incurable and irreversible condition that will lead to death in a relatively short period of time
  • Durable Power of Attorney:
    • Durable Power of Attorney for Health Care (Section 20-13-104)
    • Durable Power of Attorney (Section 26-68-402)