What Every Senior Should Know About Estate Planning
Learn essential estate planning tips for seniors to protect your legacy and ensure your wishes are honored. Discover practical and modern solutions.
Wills in Arkansas: What They Do and Why
A will is one of the most familiar estate planning tools, and one of the most misunderstood. Many people assume that having a will means everything is handled. In reality, a will is an important foundation, but it is only one part of a complete plan.
What Is a Will?
A will, sometimes called a last will and testament, is a written set of instructions that speaks after your death. It tells the court who should receive certain property and who should be responsible for carrying out those instructions.
A will does not take effect while you are alive. It becomes relevant only after death and is carried out through the probate process.
What Does a Will Actually Do?
A will provides direction, but it does not operate automatically or privately. A will typically works through the probate court system.
A properly prepared will can:
Name who should receive certain property
Appoint an executor to handle the estate
Provide guidance for distributing assets
Name guardians for minor children
Without a will, these decisions are left to Arkansas law rather than personal choice.
Who Needs a Will?
Most adults benefit from having a will, even if their situation feels simple.
Parents and Families
Parents often use wills to name guardians for minor children and provide clear instructions for care.
Married and Unmarried Couples
Couples may want to ensure their wishes are followed, especially when default inheritance rules do not match their intentions.
Individuals Planning on Their Own
Single individuals often rely on a will to make sure decisions are not left to the court or distant relatives.
Homeowners and Property Owners
Property ownership often triggers probate. A will helps provide structure and clarity for that process.
What Is a Healthcare Directive?
A living will is different from a last will and testament. Despite the similar name, it does not deal with property or inheritance.
A living will focuses on healthcare decisions. It allows you to express preferences about medical treatment if you are unable to communicate those wishes yourself.
In Arkansas, a living will is part of incapacity planning and works alongside medical powers of attorney and healthcare directives.
Living Trust vs Will
Many families ask whether they need a will or a trust. The answer depends on goals, not labels.
In simple terms:
A will provides instructions that are carried out through probate
A trust can manage assets during life and after death, often avoiding probate
Many plans use both, with each tool serving a different role
Understanding the difference helps families choose the right combination rather than relying on a single document.
Does a Will Avoid Probate in Arkansas?
This is one of the most common misconceptions. In most cases, a will does not avoid probate in Arkansas.
A will provides instructions for probate, but it still requires court involvement. Probate may be simple or complex depending on the estate, but it is typically part of the process when a will is used.
For families concerned about privacy, delays, or court involvement, additional planning tools may be appropriate.
What Families Say
Common Questions About Wills
Does a will have to be notarized in Arkansas?
Arkansas law has specific requirements for wills. While notarization is not always required, proper execution matters.
How much does it cost to make a will?
Costs vary depending on complexity. A conversation helps determine what level of planning is appropriate.
Can I use an online will service?
Online services often create generic documents that may not reflect Arkansas law or your full situation. We treat every client uniquely because everyone is unique and may have different goals or situations.
What happens if I die without a will in Arkansas?
Arkansas law decides who inherits and who handles the estate, which may not match your wishes.
Can a will be updated later?
Yes. Wills can be updated or replaced as life circumstances change.
Ready to Create a Plan That Actually Works?
Estate planning does not have to feel overwhelming or rushed. It starts with a conversation about your family, your concerns, and what you want to protect. If you are ready to replace uncertainty with clear, usable tools, or if you want to know whether your current plan truly works under Arkansas law, the next step is a simple conversation.
