What Happens If a Will Is Not Properly Signed and Is Treated as Invalid in Arkansas?

Disclaimer: This is educational information only and not legal advice. Consult a licensed Arkansas probate attorney about your specific situation.

Detailed Answer — How Arkansas courts handle improperly signed wills

In Arkansas, for a will to be admitted to probate normally it must meet the formal execution requirements set out in the Arkansas statutes governing wills. If a will is not properly signed or otherwise fails the formal requirements, the probate court may refuse to admit it as a valid will. When a court treats a will as invalid, the estate will not be distributed under that document. Instead, the estate will follow whatever lawful alternative applies — most commonly intestate succession or distribution under an earlier valid will.

What “not properly signed” usually means

The document lacks the testator’s signature where the statute requires one.
The signature exists but the required witnesses did not sign or did not observe execution as required by law.
The signature’s authenticity is in serious doubt and cannot be established to the court’s satisfaction.

Immediate legal consequences if a will is declared invalid

No distribution under that will: The invalid will does not govern how assets pass.
Intestacy rules apply: If there is no other valid will, Arkansas’s intestacy laws control who inherits. Intestacy generally favors a surviving spouse, children, parents, siblings, and other relatives in a statutory order.
Earlier valid will may control: If an earlier will was properly executed, the court may admit that earlier will and distribute the estate under its terms.
Administrator appointment: The court will appoint a personal representative (administrator) to manage and distribute the estate under the statute rather than the named executor in the invalid will.
Creditor claims and estate administration continue: The estate still goes through probate for creditor notice, payment of debts, and final distribution to heirs or beneficiaries under the applicable law.

Possible ways to challenge or save a document that lacks proper signature

Even if a will appears improperly signed, there are ways interested persons sometimes preserve the decedent’s intent. Options depend on the facts and Arkansas law:

Evidence of signature authenticity: Witness testimony, notarizations, handwriting experts, or other documentation may convince the court the signature is genuine.
Substantial compliance or equitable doctrines: Some states allow admission of a defective will if the proponent shows the decedent substantially complied with the formalities or the court finds clear and convincing evidence of the decedent’s intent. Whether Arkansas permits a particular equitable remedy depends on state statute and case law — consult the Arkansas statutes and an attorney for application to your facts. See the Arkansas Code home page for the statutory provisions on wills: https://www.arkleg.state.ar.us/.
Admissions by interested persons: If the person who benefits in the invalid document has evidence or other corroboration, that may persuade a court to admit the instrument or pursue settlement among heirs.

What you should expect procedurally

When a probate court refuses to admit a will, it will typically:

Refuse formal probate of that instrument.
Open an intestate probate administration if no other valid will is offered.
Notify potential heirs and creditors, appoint an administrator, inventory estate assets, pay valid debts and taxes, and then distribute remaining assets per intestacy rules or a prior valid will.

To see the statutory framework that governs wills and probate in Arkansas, start at the Arkansas General Assembly website and look under the Code sections on wills and estate administration: https://www.arkleg.state.ar.us/. An attorney can point to the exact code sections and cases that apply to your facts.

Practical consequences for heirs and named beneficiaries

Named beneficiaries in an invalid will usually do not inherit under that instrument. They may still receive assets if those assets pass outside probate (e.g., by beneficiary designation on retirement accounts or life insurance, or by joint ownership with rights of survivorship).
Heirs under intestacy may receive amounts very different from what the invalid will would have given.
Estate administration often takes longer and may incur additional expenses when a will is contested or deemed invalid.
Family disputes commonly arise when expectations based on an unsigned or defectively signed paper are dashed; litigation costs can reduce the estate available for distribution.

Next steps if you’re involved in a probate where a will is allegedly invalid

Preserve the original document. Do not alter it.
Find anyone who witnessed the signing or who can attest to the decedent’s intent.
Collect other evidence of intent: drafts, emails, text messages, a physician’s notes, or other writings that show the decedent’s wishes.
Check for non-probate transfers: life insurance, retirement accounts, payable-on-death accounts, joint tenancy, and trusts may transfer assets outside probate.
Contact the probate court clerk to learn time limits and filing procedures. Probate rules set deadlines for contests and for filing claims.
Consult a licensed Arkansas probate attorney promptly to evaluate whether the document can be admitted or whether settlement or litigation is appropriate.

Helpful Hints

Act quickly. Probate deadlines can be short and missing a deadline can forfeit rights to contest or to receive notice.
Keep the original will safe and hand it to the probate court or an attorney rather than circulating copies by email.
Look for corroborating evidence of intent: a dated handwritten note, consistent beneficiary designations on accounts, or reliable witness statements help your case.
Check beneficiary designations and joint account titles before assuming an asset is part of the probate estate.
Understand that even if a will is invalid, the estate must still pay debts and taxes before distributing assets to heirs under intestacy or another valid will.
Consider mediation with other family members — settlements often save time and estate value compared with prolonged litigation.
Contact the Arkansas General Assembly site to read statutory provisions and then consult an attorney for how they apply: https://www.arkleg.state.ar.us/.

If you need help finding a probate attorney in Arkansas, consider contacting your local bar association or using an attorney-referral service to find a lawyer experienced in wills and probate.