Last Will and Testament

Last Will and Testament Lawyer for Your Needs

Have you ever caught yourself thinking what would happen to your home, car, or savings if you were suddenly gone? It’s an uncomfortable thought, but one that can bring peace of mind once it’s addressed. 

Creating a last will and testament is your chance to decide who inherits your possessions, who carries out your final wishes, and how your loved ones can avoid confusion and heartbreak during an already tough time. 

At Arkansas Legacy Planning, we believe there’s no such thing as a “small” estate or an “unimportant” wish. Every story matters. Every dream counts. 

That’s why we’re dedicated to making the will-drafting process feel personal, friendly, and easy to understand so that you can live your life worry-free. 

Understanding Last Will and Testament

So, what exactly is a last will and testament? In plain English: it’s a legal document that spells out who should get what when you’re no longer here. Your house, savings, car, heirlooms, even your dog’s care—you can include it all.

More than just “who gets what,” your will also allows you to:

  • Appoint a personal representative (also called an executor) to manage your estate
  • Name guardians for your minor children
  • Include instructions for sentimental items or family traditions
  • Provide guidance that prevents confusion or disagreements among loved ones

In Arkansas, for your will to be valid, it needs to be:

  1. Written down (not oral);
  2. Signed by you, the person making the will (called the testator); and
  3. Witnessed by at least two people who aren’t receiving anything under the will.

That’s the legal part—but here’s the personal part: your will is one of the most powerful tools you have to care for your family after you’re gone. It’s not about wealth. It’s about clarity, dignity, and love.

At Arkansas Legacy Planning, we take the time to really get to know you, your priorities, your people, and your plans. That way, the will we create together isn’t just a document… it’s a reflection of who you are and what you value most.

Why Should I Make a Will?

1. You Decide Who Gets What

Without a will, the state divides your estate according to a fixed formula. That might mean an estranged relative inherits your home, while someone close to you gets nothing. A will makes sure your assets go where your heart wants them to go. While a will doesn’t help you avoid probate, it gives you control over how to distribute assets to your loved ones.

2. You Protect Your Children

If you have children under 18, a will allows you to name a guardian or, in other words, someone you trust to raise them if you’re no longer here. Without that, a judge will make the decision. Naming a guardian in your will ensures your kids are raised by someone who shares your values and whom you personally choose. 

3. You Avoid Family Disputes

You Avoid Family Disputes
Sadly, losing a loved one can sometimes bring out conflict within families. Clear, written instructions in a will can prevent misunderstandings and reduce tension during an already emotional time. It’s a way to protect your loved ones from unnecessary stress and legal battles. 

4. You Can Support Causes That Matter to You

A will gives you the opportunity to leave behind a meaningful legacy. Maybe it’s a donation to a local animal shelter, your church, or a nonprofit that changed your life. Big or small, these gifts can have a lasting impact and they’re only possible if you include them in your will. 

5. You Appoint Someone You Trust to Handle Your Final Affairs

Your will lets you choose a personal representative (also called an executor). This person will manage your estate by filing paperwork, paying any remaining bills, and distributing your assets according to your wishes. It’s a job that requires care and responsibility, and your will ensures the right person is in charge. 

6. You (and Your Loved Ones) Gain Peace of Mind

There’s something incredibly reassuring about knowing you’ve taken care of things. That your family won’t have to scramble, guess, or argue over what you would’ve wanted. A will gives you and your loved ones the gift of certainty. 

Working with a Last Will and Testament Lawyer

Writing a will isn’t just about documents and signatures—it’s about telling your story the way you want it remembered. 

At Arkansas Legacy Planning, we know this process can feel a little intimidating. Maybe you’ve never worked with an attorney before. Maybe you’re worried it’s going to be complicated or expensive. Maybe you’ve been putting it off for years. That’s okay. We’re here to make this easy. 

When you choose to work with us, it’s not just about getting a legally valid document. It’s about having someone in your corner who listens, understands your concerns, and helps you create something that truly reflects your values and wishes. 

We don’t just give you a one-size-fits-all form and charge for our services. You will get a real conversation and we will walk you through decisions like:

  • Who should manage your estate?
  • Who do you trust to care for your children?
  • What personal gifts or legacies do you want to leave behind?

And we won’t disappear once the ink is dry. We will be here when life changes and your will needs a refresh, whether that’s due to a new child, a new home, or a new chapter.

You don’t need to have it all figured out before calling us. That’s what we’re here for. 

How to Create a Last Will and Testament

So you’re ready to get this will thing done, you’re probably thinking, “Now what?” Let’s walk through how we make this happen at Arkansas Legacy Planning without the headache or overwhelm:

  1. Let’s talk: First, we sit down for a friendly conversation. Just talking about your family, what you own, and what matters to you. 
  2. Make your “stuff” list: We will guide you through listing your assets. From the big stuff (your home) to the sentimental treasures, we will make sure nothing gets overlooked. 
  3. Who gets what: This is where you decide who receives your hard-earned assets. You can divide things equally or make specific bequests. There’s no right or wrong approach. 
  4. The big question: If you have children under 18, we will help you choose their guardian. We will talk through your options and concerns to make sure you’re completely comfortable with your choice. 
  1. Pick your right-hand person: Your executor is basically your personal representative who makes sure your wishes are followed. We will help you choose someone who’s up to the task. 
  2. We draft: Our team takes it from here, crafting your will according to Arkansas law and your specific wishes. No template or no cookie-cutter language—the document is custom-made for YOU. 
  3. Read, tweak, sign: We will go through the document together, making sure it says exactly what you want. Then comes the official part: signing with witnesses present. 
  4. Keep it safe: A will isn’t much help if no one can find it when needed. We will talk about where to keep it and who should know its location. 

At Arkansas Legacy Planning, we make the process feel simple and human. We will help you every step of the way, from gathering your thoughts to finalizing the legal details. And when you’re finished, you will walk away with something incredibly valuable: peace of mind. But a will shouldn’t be the only estate planning tool you create. You could also benefit from setting up a living trust, making beneficiary designations, and crafting an advance healthcare directive, among other instruments.

What Happens if I Don’t Have a Will?

It’s a question a lot of people don’t ask until it’s too late: “What actually happens if I don’t have a will?” The short answer is that Arkansas law will decide how your estate is divided. The long answer? It might not go the way you’d expect—or want. 

When someone passes away without a valid last will and testament, they are considered to have died “intestate.” This means that instead of your wishes guiding the process, Arkansas’ intestate succession laws step in. These laws follow a strict formula to determine who inherits your property: 

  • Married with kids? Your spouse doesn’t get everything. They only receive one-third of your personal property and a “life estate” (basically temporary rights) to one-third of your real estate. Your children split the rest. 
  • Married without kids but parents still alive? Your spouse gets all your personal stuff and half your real estate. Your parents get the other half of your real estate. Did you want your spouse to have your entire house? 
  • Single parent? Your children split everything equally. Even if one of them helped care for you while another hasn’t spoken to you in years. 
  • Single with no kids? Everything goes to your parents. If they’re not around, then to your siblings. Wanted to leave something to your partner of 10 years whom you never married? Your lifelong best friend? Your favorite niece? Sorry, not happening. 

Beyond who gets what, there’s also the issue of who takes charge. Without a will naming a personal representative (executor), the court will appoint someone to handle your entire estate. That person may not be who you would have chosen, and their decisions could lead to conflict, confusion, or delays. 

And if you have minor children? The court will decide who becomes their guardian. Even if you’ve expressed your wishes informally, the court won’t be bound by them without a legally valid will. 

The Cost of a Last Will and Testament

Let’s talk money. It’s probably why you’ve put this off, right?

It’s going to be expensive.”

I can’t afford it right now.”

I’ll just use a free online form.”

We get it. Wereally do. But we want to share something important: the cost of NOT having a proper will almost always exceeds the cost of creating one. 

For a simple will, you’re typically looking at a few hundred dollars. That usually covers outlining your wishes, naming a personal representative, and ensuring the document meets all of Arkansas’s legal requirements. If your needs are more complex (maybe you own a business, have a blended family, or want to create a trust alongside your will), we will walk you through exactly what that would involve and what it would cost. 

What we’ve learned over the years is that the cost of not having a will often ends up being much higher. Without one, your loved ones could face court battles, long probate delays, or emotional disputes that could have easily been avoided. 

Think of your will as a small investment that brings long-term protection. It’s not just about money—it’s about making life easier for your family and ensuring your voice is heard. 

We believe that everyone deserves the security that comes from having their affairs in order, regardless of their wealth or assets. That’s why our attorneys at Arkansas Legacy Planning are committed to finding solutions that work within your budget while providing the legal protection your family needs. 

Why Choose Us

We know there are a lot of options out there when it comes to creating your last will and testament. You could use an online form. You could try to piece something together on your own. Or you could choose to work with a team that sees beyond the paperwork and genuinely cares about what matters to you. Here’s what makes Arkansas Legacy Planning different from other law firms that draft and executive wills. 

We Start With Listening

Every good plan begins with a conversation. When you sit down with us, we don’t rush you. We ask questions, we listen closely, and we take the time to understand your life. What are your biggest concerns? Who are the people you want to protect? What kind of legacy do you want to leave behind? 

No two families are the same, and your will shouldn’t be either. We take your story seriously—because your story deserves thoughtful planning. 

We Focus on Real People, Not Just Legal Rules

Sure, we know the legal requirements inside and out. We stay current on Arkansas estate laws and draft wills that stand up in court. But we never lose sight of the people behind the paperwork. 

We make the legal side of things simple and stress-free. You don’t have to decode complicated language or navigate this process alone. We explain everything in everyday terms, guide you step-by-step, and make sure you feel confident in every decision you make. 

We Are Local

We’re not a nationwide chain or a faceless website. We’re your neighbors. We live here, work here, and raise our families here in Arkansas. That means we understand the values that shape our communities: family, faith, integrity, and hard work. 

When you work with Arkansas Legacy Planning, you’re not just hiring an estate lawyer—you’re building a relationship with a team that’s genuinely invested in your future. 

We Make It Comfortable

Talking about death and planning for the unexpected isn’t always easy. But we make the process as comfortable and positive as possible. Our goal is to take the weight off your shoulders, not add to it. 

We’re Here Long-Term

We’re not just here for today. We’re here for when you buy a home, start a business, welcome a grandchild, or go through a life transition. You will always have someone you trust to call for updates, questions, or support. 

Frequently Asked Questions

Is there a difference between a will and a last will and testament?

No. It’s like asking if there’s a difference between a car and an automobile. “Last will and testament” is just the fancy, formal name, while “will” is the everyday shorthand everyone uses. They’re the exact same legal document that tells everyone what to do with your stuff when you’re gone. 

What should be included in a last will and testament?

Think of your legal will as your final set of instructions. You will generally want to include:

  • Who’s in charge of carrying out your wishes (your executor)
  • Who gets your kids (if they’re under 18)
  • Who gets your stuff (specific items and money)
  • Who gets everything else not specifically mentioned
  • What kind of funeral you want (Viking funeral, anyone?)
  • Possibly trusts for certain beneficiaries

In Arkansas, you can also include provisions for your pets, your digital assets (who gets your Netflix account and Facebook photos), and those sentimental items that might not be worth much money but mean the world to certain people. 

Do I need a lawyer to create a last will and testament?

Legally? No. Practically? Yes, yes, a thousand times yes. We can’t tell you how many times we’ve seen DIY wills that: 

  • Weren’t properly witnessed
  • Contained contradictory provisions
  • Didn’t account for Arkansas-specific state laws
  • Created tax problems that could have been avoided
  • Used ambiguous language that left families fighting

The worst part? These mistakes are discovered after you’re gone, when you can’t clarify or fix anything. 

Does a last will and testament need to be notarized in Arkansas?

Here’s a fun fact: Arkansas doesn’t actually require your will to be notarized to be valid. BUT (and this is a big but), getting it notarized with something called a “self-proving affidavit” is like giving your family a fast-pass for the probate process. 

Without this notarization, your witnesses might need to appear in court after your death to verify. That’s just one more hassle your family doesn’t need while grieving. All our wills at Arkansas Legacy Planning include this self-proving affidavit because we believe in making things easier, not harder. 

Can I change or revoke my last will and testament?

Absolutely. Your will isn’t set in stone. As long as you’re mentally competent, you can change your mind as often as you change your favorite Netflix show. Got a small change? We can do a “codicil” (fancy legal word for “amendment”). 

Major life changes like marriage, divorce, new babies, or winning the lottery? Probably better to create a whole new will. It’s best to review your will every three to five years or after any big life event. 

How do I ensure my last will and testament is legally valid?

For your will to be legally valid in Arkansas, you need to follow some specific requirements. First, you must be at least 18 years old and of “sound mind.” Your will must be in writing (handwritten wills are legal in Arkansas but come with complications we generally recommend avoiding). You need to sign your will in front of at least two witnesses who aren’t beneficiaries in your will, and those witnesses must also sign the document. 

Many clients ask about online forms or handwritten wills. While these can be technically valid if all requirements are met, they’re much more likely to contain errors or omissions that could invalidate them entirely or lead to results you never intended. 

Where should I store my last will and testament?

This could be a waterproof, fireproof safe in your home can be a good location, as long as your executor knows the combination or where to find the key. Be cautious about bank safe deposit boxes, as they can be sealed upon death and require court orders to access. 

Wherever you decide to keep your original will, make sure your executor and a trusted family member know its location. Consider giving copies to your executor and other key people, clearly marked as “COPY” (only the original signed version can be submitted to probate court).

Finally, don’t store your will with lists of passwords, funeral arrangements, or other items your family might need immediately after your death. Those should be kept separately in an accessible location. 

Contact Us For Your Last Will and Testament

It might seem like there’s never a perfect time to plan for the future, so it’s easy to put off creating your last will and testament. But the peace of mind that comes with having a will in place is something you can give your loved ones today

Whether you’re ready to get started or just have questions, our team at Arkansas Legacy Planning will walk you through your options and help you move forward at your own pace. No pressure and no obligations. Just an initial consultation to discuss your legal needs.

Contact Us

Feeling lost or worried about your future? Our team at Arkansas Legacy Planning is here to provide personalized support for all your estate planning needs. Contact us today so we can start working on a clear, tailored strategy designed specifically to safeguard what matters most to you. 

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