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Where do I obtain a 'Proof of Will' document for Arkansas?

Where do I obtain a 'Proof of Will' document for Arkansas?

Q: Will a notarized document hold up in court?

Yes, a notarized document can hold up in court, as notarization adds a layer of authenticity. However, for a will to be valid, it must also meet state-specific requirements, such as being signed by the testator and witnesses. In Arkansas, notarization alone does not replace the need for these formalities.

Q: What are the requirements for a will to be valid in Arkansas?

In Arkansas, a valid will must be in writing, signed by the testator, and witnessed by at least two individuals. The witnesses must sign the will in the presence of the testator. Additionally, the testator must be at least 18 years old and of sound mind when creating the will (Ark. Code Ann. § 28-26-102).

Q: Will the courthouse notarize a document?

Many courthouses offer notary services, but it can vary by location. It's best to check with your local courthouse to confirm if they provide notarization and any associated fees. Remember, notarization of a will is not a substitute for meeting the legal requirements for a valid will in Arkansas.

Full question:

I took my Last Will and Testament to the courthouse today to have it notarized. I was told that in the state of Arkansas I also needed a 'Proof of Will' document in case one of the witnesses were to die before me. Is this true, and where do I obtain a 'Proof of Will' document for Arkansas?

Category: Wills and Estates
Date: 04/07/2025
State: Arkansas

Answer:

A self-proving affidavit is used to avoid having to call the witnesses who signed a will into court to validate a will when a person dies. While it is not required by law, it is recommended to minimize the problems that may occur in probating a will if the witnesses later become unavailable. Even if the witnesses are available when the maker of the will is deceased, having a self-proving affidavit saves delay and effort in having to bring the witnesses to court to prove the will. Please see the link to the Arkansas wills below. The wills offered by USlegalforms are state-specific and contain self-proving affidavits.

The following is an Arkansas statute:

28-25-106. Affidavit of attesting witness.

(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) The attesting witness may make and sign the affidavit at any time,
either:

(1) On his or her own initiative;

(2) At the request of the testator; or

(3) After the testator's death, at the request of the executor or of any
other person interested.

(c) The affidavit shall be written on the will, or, if that is
impracticable, it shall be securely affixed to the will or to a true copy
of the will by the officer administering the oath.

(d) If the probate of the will is uncontested, the affidavit may be
accepted by the probate court with the same effect as if the testimony of
the witness had been taken before the court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do with a will after it is notarized?

After notarizing your will, you should store it in a safe place. Inform your executor or a trusted family member about its location. It's also wise to keep a copy with your attorney, if you have one. If you want to make your will self-proving, consider having your witnesses sign a self-proving affidavit, which can simplify the probate process later.

Will a notarized document hold up in court?

What are the requirements for a will to be valid in Arkansas?

What are the three basic requirements of a valid will?

The three basic requirements for a valid will are: 1) the testator must be at least 18 years old, 2) the will must be in writing and signed by the testator, and 3) it must be witnessed by at least two individuals who are present at the same time. These requirements help ensure the will reflects the true intentions of the testator.

Will the courthouse notarize a document?

What makes a will valid in Arkansas?

A will is valid in Arkansas if it meets specific criteria: it must be in writing, signed by the testator, and witnessed by at least two individuals. The testator must be at least 18 years old and of sound mind. Additionally, a self-proving affidavit can enhance the will's validity by confirming the signatures of witnesses (Ark. Code Ann. § 28-26-102).