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ARKANSAS WILL INSTRUCTIONS
U.S. Legal Forms, Inc.
http://www.uslegalforms.com
1. This Will is designed to be completed on your computer. To do so, use
your mouse and click on each field which will be highlight ed in gray. This will replace
the gray with the words you type.
Example: _____________________________[1] will become JOHN DOE.
If you ordered and received this Will in hard copy, you ma y also use these instructions
to complete the Will, leaving the reference numbers, and placing the names, etc you
desire next to the field numbers.
2. The Will contains Articles which cover various matters. The info rmation
below is designed to assist you in completing the fields co ntained in the articles of the
Will. 3. Article / Field Completion Instructions.
Field [1] - Your Name.
Field [2] - Your Name.
Field [3] - Your County of Residence.
ARTICLE ONE
This article allows you to specify your current marital status an d to name all
children you may have and their date of birth.
Field [4] - Double click proper box to select marital status.
Fields [5-10] - Type the names and birth dates of all children, if
applicable. If you have no children, leave blank.
ARTICLE THREE
This article is for you to specify specific property to go to a specific person. If you
do not leave any, type none and delete the fields.
Field [11] - Type Name.
Field [12] - Address. Field [13] - Relationship.
Field [14] - Describe the property to go to this person.
Field [15] - Type Name.
Field [16] - Address. Field [17] - Relationship.
Field [18] - Describe the Property.
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Field [19] - Type Name.
Field [20] - Type Address.
Field [21] - Relationship.
Field [22] - Describe the Property. Field [23] - Type Name.
Field [24] - Type Address. Field [25] - Relationship.
Field [26] - Describe the Property.
ARTICLE FOUR
This article is for you to leave your homestead, if you ha ve one on the date of death to
persons designated. You may choose to bequest your homestea d to your spouse, your
children, or allow your primary residence to pass under Article Fiv e.
Field [27] - Complete this field only if you want t o leave your
homestead to your spouse. Remember to sign your
name under this provision if selected.
Field [28- 30] - Complete these fields only if you want to leave yo ur
homestead to your child(ren). Remember to sign your
name under this provision if selected.
Field [31] - Complete this field only if you want to leave your
homestead to another individual(s) other than your spouse or children or if you have no spouse or
children. Remember to sign your name under this
Provision if selected.
Field [32] - Double click on this box to select this prov ision only if
you want your primary residence to pass under Article
Five of this Will. Remember to sign your name under
this provision if selected.
Note: If your home is jointly owned with another and held as joint tenants with
rights of survivorship, the home will pass to the survivor and will not be controlled by
your will.
ARTICLE FIVE
This article is for you to leave all the rest and remainder of your property and any
special items you listed in Article Three. This article gives y ou the following options as to
the disbursement of the remainder of your property: Bequest t o child(ren), bequest to
spouse, bequest to another individual(s) or organization(s).
Field [33-35] - Complete these fields only if you want the remainder
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of your property to pass to your child(ren). Remember
to sign your name under this provision if selected.
Field [36] - Complete this field only if you want the remainder of
your property to pass to your spouse. Remember to
sign your name under this provision if selected.
Field [37] - Complete this field only if you want the remainder of
your property to pass to another individual(s) other
than your spouse or children or if you have no spouse
or children. Remember to sign your name under this
provision if selected.
ARTICLE SIX
This article concerns property which is to vest in a trustee for a minor beneficiary.
This section should be completed only if you have mino r children.
Field [38] - Enter age of minor beneficiary requiring the
assistance of a trustee.
Field [39] - Enter age at which beneficiary will receive distribution
of trust principal and income.
Field [40] - Enter age of beneficiary at which the name d trustee is
required to distribute remaining trust property.
Field [41] - Enter name of trustee.
Field [42] - Enter name of alternative trustee.
Field [43] - Enter name of guardian for minor children.
ARTICLE SEVEN
This article requires that you name a personal representative and a successor
personal representative.
Field [44] - Enter name of your personal representative.
Field [45] - Enter name of your successor personal
representative.
ARTICLE TEN
Article ten contains construction intentions and miscellaneous provisions. Be sure
to check the box appropriate box concerning whether you want to be deemed to have
died before or after your spouse in the event you die in a common disaster with your
spouse.
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All other blanks in the Will are typically completed by h
and, such as the names of
the witnesses, day, month and year executed, etc.
Once you have completed the Will, double-check all entrie s and then print. The
Will should be signed by you in front of two witnesses, n ot related to you. Please sign
all pages of the Will in the places designated. The self-proving affidavit is used to prove the Will and make the Will subject to
probate. If the affidavit is not completed now, someon e will have to locate the witnesses
after your death and obtain an affidavit. Therefore, i t is best to sign the Will in the
present of two witnesses AND a notary public so that the aff idavit can be completed by
the Notary.
You should keep your Will in a safe place once executed. It is also
recommended that you give a copy to your executor or other person as additional proof
of execution.
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ADDITIONAL INFORMATION ABOUT YOUR WILL FORM
This section will briefly explain some of the articles of yo ur will and provide other
information. Articles of the Will which are basically self-e xplanatory are not discussed
here. In addition, information which is already provided in the instructions above is not
repeated.
First Paragraph: The first paragraph of the Will, provides your name,
residence information and provides that all prior Wills, if a ny, are revoked since you
have now made a new Will.
Article Three: Some people have specific property that they desire to leav e
to a specific person, such as a ring or antique. This Article is f or you to leave such
property. You do not have to name specific property and m ay simply state none if no
property is to be left under this Article.
Article Six: This Article is for you to name a Trustee for a minor
beneficiary. The person named should be an adult. Compl ete this section only if you
have minor children.
Article Seven: This Article is for you to name a Personal Representative.
The person named should be an adult.
Article Eight: If not waived, some Courts will require your Personal
Representative post a bond, and file an inventory, accoun ting and/or appraisal. All this
can be costly and time consuming. This Article states your int ention that your Personal
Representative not be required to post a bond or file an inventory or accounting.
Article Nine: This Article sets forth powers of your Personal Representative
and is designed to give broad powers without the requireme nt that Court approval be
sought for action by the Representative to the extent pe rmitted by the laws of your
State.
Article Ten: This article sets forth some legal construction intentions to
clarify some of the issues which may arise.
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BASIC INFORMATION
What is a Will? A Will is a document which
provides who is to receive your property at death,
who will administer your estate, the appointment of
trustees and guardians, if applicable, and other
provisions.
Who may make a Will? Generally, any person 18
years or older of sound mind may make a Will.
(Some states allow persons under 18 to make a
Will)
What happens if I die without a Will? If you die
without a will you are an intestate. In such a case,
state laws govern who receives your property.
These laws are called "intestate succession laws".
If you die without a Will, the Court decides who will
administer your estate. Generally, it is more
expensive to administer an estate of a person who
died without a Will, than a person who dies with a
Will.
General
When making a Will you need to consider who will
be named as your personal representative or
executor to administer your estate, who you will
name as guardian and trustee of minor children if
your spouse does not survive you and who will
receive your property. You should also consider tax
issues. The person appointed as executor or
administrator is often your spouse, but you should
also name an alternate, in case your spouse
predeceases you. The person you name should be
a person you can trust and who will get along with
the beneficiaries named in the Will.
In the event your spouse predeceases you, the
guardian you name will have actual custody of your
minor children unless a court appoints someone
else. The trustee you appoint to administer a trust
you established would be in charge of the assets of
the trust for the benefit of the minor beneficiaries.
Generally, a Will must be signed in the presence of
at least two witnesses (three for Vermont) who also
sign the Will. A notary public will also need to sign if
the Will contains a self-proving affidavit. Generally,
a self-proving affidavit allows the Will to be admitted
to probate without other evidence of execution. Joint Property:
Many people do not understand
that joint property may pass outside your Will and
also sometimes assume that it will pass through
their Will. They do not understand the significance
of joint ownership. The issue is common in the
following areas, provided as examples:
(a) Real Estate: Often, a husband and wife
will own real estate as joint tenants with rights of
survivorship. If one party dies, the surviving party
receives the property regardless of what the Will
provides. This is common and generally
acceptable. However, if this is not your desire you
should change the ownership of the property to
tenants in common or other form of ownership. If
you own real estate as tenants in common, then you
may designate who will receive your share of the
property at your death. This issue can be a problem
when uninformed persons take title to real estate as
joint tenants with rights of survivorship but really
intended to leave their share to, for example,
children of a prior marriage. (b) Bank Accounts/Certificates of Deposit,
Stock, Retirement Plans, IRA’s and other type
Property: The same ownership as real estate
can be made of these investments. In fact, many
Banks routinely place Bank accounts and
Certificates of Deposit in the joint tenant with right of
survivorship form of ownership if more than one
person is on the account or CD, without advising
you of the consequence of same. In situations
where the persons are husband and wife and there
is no issue or concern over divorce or children from
previous marriages, this may be the best course of
action. However, with divorce on the rise,
premarital agreements and multiple marriages being
common, the parties may be doing something that
was not their intent. Another common problematic
situation is if a parent has more than one child but
only one child resides in the hometown of the
parent. The parent may place the name of the child
who resides there on all accounts, CD’s and other
investments for convenience reasons and establish
a joint tenant with right of survivorship situation
without realizing that only that child will be entitled to
those assets at the parent’s death. Simply put, you
should be aware when you acquire an asset or
investment exactly how it is titled.
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For additional information, see the Law Summary and Info
rmation and Preview links in
the search results for this form. A Definitions section is also lin ked on the Information
and Preview page.
DISCLAIMER/LICENSE/LIABILITY LIMITATION
All forms in this package are provided without any warranty, express or implied, as
to their legal effect and completeness. Please use at your own risk. If you have a
serious legal problem we suggest that you consult an attorney. U.S. Legal Forms,
Inc. does not provide legal advice. The products offered by U.S. Legal Forms
(USLF) are not a substitute for the advice of an attorney.
Your Will starts on the next page.
Signed by Testator/Testatrix: _______________________________ ___ - 1 -
LAST WILL AND TESTAMENT OF
________________________[1]
BE IT KNOWN THIS DAY THAT, I, _____________________________[2] , of _________________________[3] County,
Arkansas, being of legal age and of sound and disposing mind and memory, and not acting
under duress, menace, fraud, or undue influence of any person, do make, declare and publish
this to be my Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
(Double click box to select and mark as checked) [Field 4]
I am:
(a)
Single (not married) with no children
(b)
Single (not married) with minor children.
(c)
Married with no children.
(d)
Married with minor children.
(e)
Married with adult children.
(f)
Other: __________________
If I have children, their names and date of birth are:
Name: _______________________________[5] Date of Birth: __________________[6]
Name: _______________________________[7] Date of Birth: __________________[8]
Name: _______________________________[9] Date of Birth: __________________[10]
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral expenses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or
any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property described below:
Name/Address/Relationship Property Description
[11]
[12]
[13]
[14]
[15]
[16]
[18]
Signed by Testator/Testatrix: _______________________________ ___ - 2 -
[17]
[19]
[20]
[21]
[22]
[23]
[24]
[25]
[26]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the
bequest to such person shall lapse and the property shall pass under the other provisions of this
Will. In the event that I do not possess or own any property listed above on the date of my
death, the bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
spouse, _____________________________[27] , if he or she survives me. If he or she does
not survive me, then my homestead or primary residence shall pass under the residuary clause
of this Will. Sign ed if Selected: _______________________________
OR
I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
children, _____________________________[28] and _____________________________[29]
and _____________________________[30] , equally, per stirpes.
Sign ed if Selected: _______________________________.
OR
I devise and bequeath all my interest in my homestead to: ______________________[31]
Sign ed if Selected: _______________________________.
OR
My Primary residence shall pass under Article Five. [Field 32]
Sign ed if Selected: _______________________________.
ARTICLE FIVE
All Other Property of Every Kind
I will, devise, bequeath and give all of my property and estate of every kind and
character, including, but not limited to, real and personal property in which I may have an
interest at the date of my death and which is not otherwise effectively disposed of as follows: (a)
To my children _____________________________[33] and
_____________________________[34] and
Signed by Testator/Testatrix: _______________________________ ___ - 3 -
_____________________________[35]
, equally, per stirpes. If one of my
children shall predecease me, then the equal share set apart for that
deceased child shall instead be distributed to his or her descendants, per
stirpes. If one of my children shall predecease me leaving no descendants
surviving, then the equal share set apart for that deceased child shall instead
be distributed to my other child, or if that child has also predeceased me, then
to his or her descendants, per stirpes.
Sign ed if Selected: _______________________________.
(b)
To my spouse, _____________________________[36] .
Sign ed if Selected : _______________________________.
(c)
To _____________________________[37]
Sign ed if Selected : _______________________________.
ARTICLE SIX
Property To Vest In Trustee for Child Beneficiary (Complete only if you have minor children)
If I have children and any of my children are under the age of ______[38] years of age on
the date of my death, then I direct that my Personal Representative shall transfer, assign and
deliver over to my Trustee, named below, such beneficiary’s share of my estate and the objects
of property described herein. I direct my Trustee to hold said Beneficiaries share of my estate
and administer the assets of the Trust for the use and benefit of the Beneficiaries for the
purpose of providing for their health, education and general welfare in accordance with their
accustomed standard of living as much as is possible, considering the value of the Trust
property and their other sources of income. The Trustee, may in his or her discretion, distribute
to or for the benefit of the named Beneficiaries, such portions of the income and principal of the
Trust as he or she in his or her sole discretion shall determine to be necessary to accomplish
the purposes of this Trust. The Trustee may make such distributions as often or as seldom as
he or she may determine in his or her sole discretion without the necessity of any court authority
or approval, this being a private trust. As each Beneficiary herein reaches the age of
______[39] years, the Trustee shall distribute to said beneficiary his or her share of the trust
principal and income as of the distribution date. When the youngest Beneficiary reaches the age
of ______[40] years, the Trustee shall distribute all of the remaining Trust property including
principal and accumulated income to the Beneficiary and this Trust shall terminate. In making
said distributions, the Trustee may make distributions in kind and shall have the sole discretion
as to valuation of the Trust property in determining and apportioning distributions among the
Beneficiaries.
I appoint __________________ ____[41], or if the appointee fails to qualify or cease to
act, I appoint ______________________[42] , as Trustee of the Trust provisions of this Will to
serve in said capacity with all the powers during the administration of the Trust as are granted to
Trustees under Arkansas law including the power to sell any of the real or personal property of
the Trust for cash or on credit or to mortgage it or to lease it, all to be exercised without Court
order. The Trustee named herein shall also have all powers as are granted to my Personal
Representative under the provisions of this Will during the administration of this private Trust.
Signed by Testator/Testatrix: _______________________________ ___ - 4 -
In the event that there is need for a guardian for my minor children, if any, I appoint
______________________[43]
, as Guardian of said minor children.
Neither the principal nor the income of any Trust provision contained in this Will nor any
part of same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be
subject to seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any
power to sell, assign, transfer, encumber, or in any manner to anticipate or dispose of his or her
interest in the Trust fund, nor any part of same nor the income produced from said fund nor any
part of same.
ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint ______________________[44] , as Personal Representative of my
estate and this Will. In the event my Personal Representative shall predecease me, or, for any
reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint
______________________[45] to serve as successor Personal Representative of my estate
and Will. The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE EIGHT
Waiver of Bond, Inventory, Accounting, Reporting and Ap proval
My Personal Representative and successor Personal Representative shall serve without
any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE NINE
Powers of Personal Representative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration
of my Estate, without the necessity of Court approval. I grant unto my Personal Representative,
all powers that are allowed to be exercised by Personal Representatives by the laws of the State
of Arkansas, including, but not limited to, any "Uniform Trustees' Powers Law," and/or “Probate
Code” adopted by the State of Arkansas.
All authorities and powers granted unto my Personal Representative shall be exercised
from time to time in her or his sole and absolute discretion and without prior authority or
approval of any Court, and I intend that such powers be construed in the broadest possible
exten t.
ARTICLE TEN
Construction Intentions and Misc. Provisions
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural,
Signed by Testator/Testatrix: _______________________________ ___ - 5 -
and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or
Testatrix. 3. This Will is not a result of a contract between myself and any beneficiary ,
fiduciary or third party and I may revoke this Will at any time. 4. If I am married, then, in the event I die in a common disaster with my spouse, I
direct that I be deemed to have
died before died after, my spouse.
5. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effective and fully operative
and it is my intent that any Court so interpreting same construct this W ill and any provision in
favor of survival. I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Arkansas. I, ______________________ , having signed this Will in the presence of
______________________ and ______________________ who attested it at my request on
this the ______ day of ______ , 20______ at _____________________________ (address),
declare this to be my Last Will and Testament. ________________________________
Testator/Testatrix
The above and foregoing Will of _____________________________ was declared by
_____________________________ in our view and presence to be his/her Will and was
signed and subscribed by the said _____________________________ in our view and
presence and at his/her request and in the view and presence of _____________________________ and in the view and presence of each other, we, the
undersigned, witnessed and attested the due execution of the Will of _____________________________ (name of testator/testatrix)on this the ______ day of
______ , 20____ .
_____________________________________ __________________________________________
Witness Signature Witness Signature
Print Name: ______________________________ Print Name: _________________________________
Address: ________________________________ Address: ______ ______________________________
________________________________________ ___________________________________________
Signed by Testator/Testatrix: _______________________________ ___ - 6 -
Telephone No. ___________________________ Telephone No. __ _____________________________
Arkansas Self Proving Affidavit: from Arkansas Code § 28- 25-106
STATE OF ARKANSAS
COUNTY OF
__________________
PERSONALLY appeared before me, the undersigned authority in and for the county and state
aforesaid, ___________________________________ , who, being by me first duly sworn,
makes oath to the following: 1. The undersigned, ___________________________________________ , was a
subscribing witness to that certain instrument of writing dated _______ day of ______________ ,
20____ , which is the true and original Last Will and Testament of
____________________________ .
2. That said ___________________________________ signed, published and
declared said instrument as his or her Last Will and Testament on the ________ day of
________________ , 20______ , the date of said instrument, in the presence of two (2)
subscribing witnesses, __________________________________ and
__________________________________ .
3. The said ___________________________________ was then and there of
sound and disposing mind, memory and understanding and was over eighteen (18) years of age.
4. Affiant, _____________________________________ , a competent adult,
subscribed and attested said instrument as a witness to the signature, publication and
declaration thereof by the said _________________________________ , at the special instance
and request of the said ____________________________ , in his or her presence and in the
presence of ___________________________________ and
___________________________________ .
____________________________________
Witness
SWORN TO AND SUBSCRIBED before me, this the _____ day of __________ ,
20____ .
____________________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES: __________________________
Arkansas Self Proving Affidavit: from Arkansas Code § 28-25 -106
STATE OF ARKANSAS
COUNTY OF
__________________
PERSONALLY appeared before me, the undersigned authority in and for the county and state
aforesaid, ___________________________________ , who, being by me first duly sworn,
makes oath to the following: 1. The undersigned, ___________________________________________ , was a
subscribing witness to that certain instrument of writing dated _______ day of ______________ ,
20____ , which is the true and original Last Will and Testament of
____________________________ .
2. That said ___________________________________ signed, published and
declared said instrument as his or her Last Will and Testament on the ________ day of
________________ , 20______ , the date of said instrument, in the presence of two (2)
subscribing witnesses, __________________________________ and
__________________________________ .
3. The said ___________________________________ was then and there of
sound and disposing mind, memory and understanding and was over eighteen (18) years of age.
4. Affiant, _____________________________________ , a competent adult,
subscribed and attested said instrument as a witness to the signature, publication and
declaration thereof by the said _________________________________ , at the special instance
and request of the said ____________________________ , in his or her presence and in the
presence of ___________________________________ and
___________________________________ .
____________________________________
Witness
SWORN TO AND SUBSCRIBED before me, this the _____ day of __________ ,
20____ .
____________________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES: __________________________
