Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms
41 chapters · 852 sections in this title.
Ark. Code Ann. § 28-25-101 Who may make wills
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Any person of sound mind eighteen (18) years of age or older may make a will.
Ark. Code Ann. § 28-25-102 Witnesses
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(a) Any person, eighteen (18) years of age or older, competent to be witness generally in this state may act as attesting witness to a will. (b) No will is invalidated because attested by an interested witness, but an interested witness, unless the will is also attested by two (2…
Ark. Code Ann. § 28-25-103 Execution generally
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(a) The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses. (b) (1) The testator shall declare to the attesting witnesses that the instrument is his or her will and either:(A) Himself or herself sign;(B) Acknowl…
Ark. Code Ann. § 28-25-104 Holographic wills generally
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When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding ther…
Ark. Code Ann. § 28-25-105 Foreign execution
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A will executed outside this state in a manner prescribed by §§ 28-25-101 — 28-25-104 or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution shall have the…
Ark. Code Ann. § 28-25-106 Affidavit of attesting witness
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(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will. (b) T…
Ark. Code Ann. § 28-25-107 Incorporation of writing by reference
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(a) Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (b) (1) Whether or not the provisions relating to holographic wills apply, …
Ark. Code Ann. § 28-25-108 Deposit of will with court in testator's lifetime — Disposition
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(a) Deposit of Will. A will may be deposited by the person making it, or by some person for him or her, with the circuit court of the county of his or her residence, to be safely kept until delivered or disposed of as provided in this section. On being paid the fee of five dollar…
Ark. Code Ann. § 28-25-109 Revocation of wills
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(a) A will or any part thereof is revoked:(1) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or(2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by anoth…
Ark. Code Ann. § 28-25-110 Revival of revoked or invalid will
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No will or any part thereof which shall be revoked, or which shall be or become invalid, can be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference.
Ark. Code Ann. § 28-25-111 Life insurance policy or annuity contract — Proceeds
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A testamentary change to a designated or named beneficiary of a life insurance policy or annuity contract is ineffective if the change is not made according to the terms of the life insurance policy or annuity contract.