Detailed Answer
If you hold an unwitnessed or unnotarized document that a deceased loved one named as their will, Arkansas law sets strict rules on formal execution. A will that lacks two attesting witnesses does not meet standard requirements under A.C.A. § 28-1-106. However, Arkansas recognizes holographic wills if the testator’s handwriting appears throughout the document and it bears the testator’s signature. See A.C.A. § 28-1-115.
Arkansas also admits wills valid under the law of the place where they were executed or the decedent’s domicile. See A.C.A. § 28-1-109.
Probating a Holographic Will
To admit a holographic will:
1. Confirm that the will’s text is entirely in the decedent’s handwriting.
2. Verify the decedent signed the document.
3. File a petition for probate in the county where the decedent resided.
4. Attach an affidavit from someone familiar with the decedent’s handwriting. Courts rely on credible testimony to confirm authenticity.
No Valid Will: Intestacy
If the document fails the holographic test or lacks witnesses, Arkansas treats the estate as intestate. The court then distributes assets under the state’s intestacy laws. See A.C.A. § 28-41-101.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Gather the original document and any drafts to show consistency in handwriting.
- Obtain affidavits from family members or witnesses who can confirm the decedent’s intent.
- Consult the probate clerk in the decedent’s county to understand filing fees and deadlines.
- Keep copies of all court filings and correspondence.
- Consider hiring a probate attorney if the estate holds significant assets or assets in multiple states.