What a will does
A will names who receives your property, who serves as your executor, and who would care for minor children. It can be simple, or it can leave gifts to charity or create a trust for a family member after your death. Every adult should have one.
In Arkansas, a typical will must be signed by you and by two witnesses (Ark. Code Ann. § 28-25-103). Arkansas also recognizes handwritten (holographic) wills in limited circumstances, but they invite disputes and are no substitute for a properly prepared document.
The trade-off: a will takes effect through probate, which is public and usually takes six months to a year in Arkansas.
What a trust does
A revocable living trust holds your assets during your lifetime, with you in control as trustee. You can change or revoke it at any time. At your death, your chosen successor trustee distributes the assets without going through probate. Trusts can also manage property for a beneficiary who is young, has special needs, or should not receive everything at once.
The catch: a trust only controls assets actually transferred into it. A trust that is signed but never funded leaves your property right back in probate.
Side by side
- Probate: a will goes through it; a funded trust generally avoids it.
- Privacy: probate records are public; trust administration is private.
- Cost to set up: a will costs less; a trust costs more but can save probate costs later.
- Incapacity: a will does nothing while you are alive; a trust lets your successor trustee step in if you cannot manage your affairs.
- Control after death: both can hold assets for beneficiaries over time.
Which is right for you?
A will alone often fits a family with modest assets, mostly held with beneficiary designations. A trust is worth considering if you own real estate (especially in more than one state), have a blended family, want privacy, have a beneficiary who needs long-term management, or want to spare your family the probate timeline.
Either way, a complete plan usually includes a power of attorney and a living will, so someone you trust can make financial and health decisions if you cannot.
Build your plan with a Searcy estate planning attorney
Buck C. Gibson, P.A. drafts wills, revocable and irrevocable trusts, and complete estate plans for families throughout central Arkansas.
This guide is general information about Arkansas law, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every situation is different; please talk with an attorney about yours.
About the author
Buck Gibson, Managing PartnerUniversity of Arkansas at Little Rock William H. Bowen School of Law. Licensed since 1997. Searcy City Attorney for 20 years.
