04/03/2013
Estates
• An estate is all the property you owned individually when you were alive. When you die, your estate has to go to new owners. In Arkansas, you can determine who those new owners will be by drafting a last will and testament, usually simply referred to as a will. Estates do not typically include property you own jointly, such as the money in a joint checking account..
Wills
• Arkansas citizens must be at least 18 years old to make a will, according to Arkansas Code Section 28-25-101. The person making the will, called the testator or the testatrix, must sign the document or have someone sign on her behalf if she is physically unable. She must also have the will witnessed by two competent witnesses. The witnesses must also be at least 18 years of age and must sign at the request of and in the presence of the testator.
Modification and Revocation
• When you create a last will and testament, you give away your right to change your mind or create any contractual relationship between yourself and your inheritors. As long as you remain of sound mind, you can change any and all terms of your will. However, later modifications must also comply with the state's will requirements, or the change will not be valid. However, you can revoke your will by either creating a new will that makes the old one moot or by physically burning, tearing or otherwise destroying the document.
Intestacy
• If you die in Arkansas without leaving behind a valid last will and testament, your estate still gets distributed to inheritors but not necessarily in the way you would have wanted. The state's intestacy laws determine who gets property from an intestate estate, an estate in which the decedent did not leave a valid last will. For example, Arkansas Code Section 28-9-214 states that if a decedent leaves behind no children, the decedent's spouse receives the entire share. However, if the couple was married for less than three years, the spouse receives only 50 percent of the estate, with the other half getting divided among surviving relatives.