Wills Protecting Your Assets, Securing Your Future

Arkansas Wills Planning Attorneys

Executing, Updating & Protecting Arkansas Wills Statewide Since 2013

A valid Arkansas will must meet the requirements set out in Ark. Code § 28-25-103: the document must be in writing, signed by the testator, and witnessed by at least two competent witnesses who sign in the testator’s presence. Arkansas doesn’t require notarization, but adding a self-proving affidavit under Ark. Code § 28-25-106 can simplify the probate process by substituting notarized witness acknowledgment for live court testimony. Arkansas also doesn’t currently permit electronic wills; the document must be on paper. An improperly executed will can be declared invalid, leaving the estate subject to intestacy distribution rather than your wishes. Circuit courts in Pulaski, Benton, and Washington counties regularly oversee probate proceedings and review will documents closely for compliance.

Our team works with clients across Arkansas to execute and update wills wherever they are. We have offices in Cabot, Rogers, Little Rock, Fort Smith, and Fayetteville, and we offer fully remote services statewide. For clients who can’t travel, we arrange in-home and facility visits, coordinate with notaries, and gather signatures on-site. When health circumstances change and an urgent update is needed, we respond quickly. We’re familiar with the Arkansas-specific issues that come up in these documents: agricultural assets, blended families, mineral interests, and varying county probate practices. Since 2013, we’ve guided thousands of Arkansas families through estate and Medicaid planning, and that experience shapes how we approach even a straightforward will execution.

To speak with a knowledgeable and reliable Arkansas wills attorney, call (888) 635-9081 or contact AAPG Law online.

Wills as Part of Arkansas Medicaid & Long-Term Care Planning

Many people searching for a will attorney in Arkansas are thinking about more than asset distribution. They’re thinking about nursing home costs, Medicaid eligibility, and what happens to a surviving spouse or dependent child if benefits are disrupted. A will doesn’t exist in isolation from those concerns. How assets pass, to whom, and in what form can all affect Medicaid eligibility and asset protection outcomes. At AAPG Law, we frequently assist clients in creating, executing, and adjusting wills as part of our broader Medicaid and long-term care planning services.

Our process begins with a free initial consultation to review your situation and discuss Medicaid eligibility. From there, we conduct a one-on-one asset assessment and handle full preparation and execution of the necessary legal documents. Thousands of Arkansas families have relied on our team to plan ahead, and we bring that accumulated knowledge to every new client relationship. Whether you’re just starting to think about a will or need to revise documents you already have, getting started is straightforward: call or reach out online and we can schedule a no-cost consultation.

Why Careful Will Management Matters During Medicaid Planning

A will is a legal document that outlines how your assets and possessions can be distributed after you pass away. It can also name guardians for minor children and, through companion documents in a comprehensive estate plan, delegate powers of attorney for financial and health care decisions if you become incapacitated. Proper will management helps support having your wishes lawfully honored and reduces the risk of disputes or delays for your surviving family members.

Below, we explore several reasons why careful will management is crucial for Arkansas Medicaid planning:

Assigning Powers of Attorney

For many individuals planning their estates in Arkansas, determining who will make critical decisions in the event of incapacity is a top concern. Assigning a power of attorney as part of your estate plan gives a trusted individual the legal authority to handle essential financial and health care matters if you’re unable to do so yourself. This is especially important in Arkansas, where Medicaid eligibility and asset protection often hinge on proper documentation and the selection of a reliable agent. The person you name can be responsible for managing your affairs in a way that aligns with Medicaid’s strict rules regarding income, assets, and transfers. Any misstep in that management could result in penalties, delays, or disqualification from benefits. Some Arkansas banks, hospitals, and care facilities may also require additional steps or institutional forms before accepting a power of attorney. Our team helps you choose the right agent, drafts the necessary legal paperwork, and navigates those acceptance requirements so your designated decision-maker can face fewer obstacles when it counts.

Coordinating your will and power of attorney together helps ensure your estate plan functions properly when it matters most. That coordination also reduces the risk of missteps in Medicaid-related management.

To speak with a knowledgeable and reliable Arkansas wills attorney, call (888) 635-9081 or contact AAPG Law online.

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Hear From Families We've Helped

Our clients often say our services seemed too good to be true—until they saw the results. Read how we’ve helped families like yours protect their assets and plan for long-term care.

"Helpful, patient, kind and quick to help"
Stephanie Love has been so helpful, patient, kind and quick to help me navigate through the processes necessary to get my mom through the Medicaid process. I appreciate her and all she does.

- Catherine T.
"Very Professional"
Very professional and helpful. We would have been lost without them.

- Gary H.
"Highly Recommend"
Yes, I used AAPG when my mother went into a nursing home. Someone at the nursing home told me about AAPG. I looked them up online to see who they were and saw good ratings. So I gave them a call, and from there, they took care of everything. I couldn’t have done it by myself. I had nothing to worry about—they handled everything. I just want everyone to know they are good, decent people, and I would highly recommend them to anyone.

- Jimmy W.
"Awesome Experience"
My mom and I had an awesome experience with AAPG! Everyone is nice and helpful, and they were a life-saver in a time of need.

- Kristi B.
"Very Helpful"
I had a very good experience with AAPG. Their staff is very helpful. Prompt on returning calls, and all staff have been very nice and helpful. I would highly recommend this business if you need help with finances for nursing home placement.

- Jennifer S.
"Comfortable"
Ben and Steve were very helpful in explaining the process and making me feel comfortable every step of the way.

- Marianne S.
"Fantastic"
I didn't know where to start. I was grateful to learn about AAPG. I was at a loss and AAPG has been fantastic. They took the burden off my shoulders and I have already referred them to many families.

- Denese S.
"Thrilled"
I am thrilled that I didn't have to give up half of everything we owned to the nursing home. At the time, I didnt feel well and was so happy to have help regarding the Medicaid application. AAPG was a lot of help transferring and protecting property. I couldn't have completed the process alone, especially the way I was feeling.

- Robert P.

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Assigning Guardians for Minor Children & Dependents

Appointing a guardian for minor children or dependents with special needs is among the most significant decisions you can make in your Arkansas estate plan. If no guardian is named in your will, Arkansas probate courts will choose someone based on court priorities rather than your own values or understanding of your child’s needs. Working with a will attorney in Arkansas lets you craft detailed guardianship instructions that comply with state law and reflect your true wishes.

Arkansas courts give weight to guardian preferences stated in a valid, properly witnessed will. Naming a guardian now can provide continuity and stability for your child no matter what life brings. For children who rely on Arkansas Medicaid benefits, that continuity has added significance: the guardian you select should understand your child’s needs and be capable of managing their care while adhering to Medicaid guidelines. Our team helps clients craft guardianship instructions that account for all of these considerations under Arkansas law.

Protecting Medicaid Eligibility for Your Beneficiaries

Medicaid eligibility rules in Arkansas are complex, with strict requirements around asset ownership, income, and transfer timelines. A common concern is inadvertently compromising a loved one’s benefits by leaving them an inheritance outright through a will. Medicaid treats inheritances received outright as countable assets, which can disqualify or reduce benefits for a beneficiary already receiving Medicaid. Our team helps clients design a plan using trusts, beneficiary designations, and will provisions that may help reduce the risk of disrupting Medicaid benefits for beneficiaries across Arkansas.

The Arkansas Medicaid look-back period is 60 months (five years). Asset transfers made within that window can trigger penalties or eligibility delays. A supplemental needs trust can receive inherited assets without counting them toward Medicaid eligibility, allowing a beneficiary to retain benefits and still receive distributions. Routing assets through a trust rather than a direct will bequest is particularly important for beneficiaries with disabilities or spouses who depend on Medicaid. For families with a child with special needs or a spouse who relies on Medicaid, working with an attorney who understands both Arkansas probate requirements and Medicaid rules helps reduce the risk of unintended consequences for those who matter most.

Probate Administration & the Medicaid Estate Recovery Program

Probate in Arkansas is handled by the Circuit Court in the county where the deceased lived: Pulaski County Circuit Court for Little Rock residents and Washington County Circuit Court for Fayetteville residents, for example. The process includes filing the will, appointing an executor, settling outstanding debts, and distributing assets per the will. Our attorneys help clients prepare documentation that holds up to court review and guide executors through the process to help minimize delays and unexpected costs.

For clients who have received Medicaid long-term care benefits, the Arkansas Medicaid Estate Recovery Program (MERP), administered by Arkansas DHS, allows the state to file a claim against a deceased recipient’s probate estate to recover benefits paid on their behalf. Arkansas currently limits MERP recovery to probate assets. Non-probate assets such as jointly owned property, payable-on-death accounts, and assets held in trust generally aren’t subject to recovery. A change in Arkansas DHS policy has also clarified that estate recovery can no longer be made from assets transferred by a beneficiary deed. MERP recovery isn’t permitted while a surviving spouse is alive or while a dependent child under age 21 or a blind or disabled child survives the decedent, and DHS may waive or postpone recovery where repayment would cause undue hardship.

Our attorneys help clients use strategies designed to limit exposure to Medicaid Estate Recovery, such as placing property in trusts, naming payable-on-death beneficiaries for financial accounts, and using joint ownership with rights of survivorship. These tools can reduce the share of an estate subject to MERP claims.

Trusted Support for Families

For decades, families have trusted us to help them make informed decisions about their future with clarity and confidence.
Personalized Legal Guidance

Every situation is unique, and we take the time to understand your needs, offering tailored solutions for long-term care.
Simplifying Medicaid Planning

Navigating Medicaid can be complex, but we handle the paperwork and planning so you can focus on what matters most.
Asset Protection That Works

We help you safeguard your savings, home, and other assets while ensuring you or your loved ones receive the care needed.

Take the First Step Toward Protecting Your Future

Planning for long-term care and asset protection doesn’t have to be overwhelming. Let AAPG Law guide you through the process with clarity and confidence. Contact us today to schedule your free consultation.

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Why Arkansas Families Work With AAPG Law on Wills

Our legal team brings more than 30 combined years of experience to estate and Medicaid planning across Arkansas. Attorney Steven Underwood has 20-plus years of legal experience, and CEO Ben Jones brings 20-plus years as a licensed insurance producer with a background in wealth management, a perspective that shapes how we think about long-term asset protection. We’ve maintained an A+ rating with the Better Business Bureau since 2014, and since 2013 we’ve guided thousands of Arkansas families through Medicaid planning, probate, and related estate matters.

We serve clients in person at offices in Little Rock, Fort Smith, Fayetteville, Cabot, and Rogers, and we offer fully remote services statewide. For clients in hospitals, nursing facilities, or homes, we travel to you, arrange notaries, and handle execution on-site. Our service model values transparency and ongoing communication, and we maintain lasting relationships with clients as their circumstances change. A free initial consultation is how we start: we review your situation, discuss your goals, and outline a clear path forward.

You can get in touch through our online contact form or call (888) 635-9081 today.

What to Expect When Working With Our Will Attorneys in Arkansas

When you work with our team, we begin by learning about your specific goals, family arrangements, and current asset picture. We review your assets, identify probate court considerations for your county, and design a plan responsive to your needs, including those involving family farms, rural property, mineral interests, or complex holdings. Executor selection, beneficiary designations, and how the will interacts with any existing trusts or Medicaid planning documents are all part of that review.

Throughout the planning process, we keep you informed at every step: your documents, timelines, and next actions. If you experience a major life event or a sudden health change, we offer document amendments in person or virtually. That responsiveness matters most when a client’s Medicaid situation is in flux and a will update could affect eligibility or estate recovery exposure.

Types of Wills Used in Arkansas

The right will structure depends on your asset types, your family dynamics, and how you want your estate to move through Arkansas probate. Understanding the options helps you make a more informed decision and avoid documents that don’t match your actual needs.

Simple will: Names beneficiaries, designates an executor, and specifies asset distribution. Often appropriate when most assets already pass through beneficiary designations or joint ownership.
Pour-over will: Works in tandem with a revocable living trust. Assets still held in the individual’s name at death transfer into the trust and are distributed according to its terms. For clients with family farms, agricultural assets, or mineral interests spread across multiple Arkansas counties, this coordinated approach can simplify administration for heirs.
Supplemental needs trust-directed will: Directs inherited assets into a supplemental needs trust rather than to a beneficiary directly. Used when a beneficiary needs to preserve Medicaid eligibility so the inheritance doesn’t count as a disqualifying asset.
Holographic will: A will that is entirely handwritten and signed by the testator. Arkansas recognizes holographic wills, but they carry a higher risk of challenge in probate because they require three credible disinterested witnesses to authenticate the handwriting and signature in court.

We walk through each option with you, explain how it interacts with Arkansas probate and Medicaid rules, and outline a clear plan before you sign anything.

Start With a Free Consultation for Your Arkansas Will

If you’re ready to create, update, or review a will, our team is easy to reach. We offer a free initial consultation to go over your situation and answer your questions, with no obligation to move forward. Whether you’re planning ahead or responding to a health change in the family, acting sooner can keep more options available.

We serve clients in person across five Arkansas locations and remotely statewide. Home and facility visits are available for clients who can’t come to us.

Call (888) 635-9081 or contact AAPG Law online to schedule your free consultation with an Arkansas wills attorney.

Frequently Asked Questions

How Do I Make a Valid Will in Arkansas?

To create a valid will in Arkansas, you must be at least 18 years old and of sound mind. The will must be in writing, signed by you, and witnessed by at least two witnesses. While it’s advisable to choose disinterested witnesses, Arkansas law doesn’t invalidate a will solely because a witness is also a beneficiary; however, an interested witness may forfeit a portion of any bequest under the will. Notarization isn’t required, but adding a self-proving affidavit executed before a notary under Ark. Code § 28-25-106 can streamline probate by substituting notarized witness acknowledgment for live court testimony. Our team guides you through each of these requirements at a location that works for you: our office, your home, a care facility, or virtually. Working with a will attorney in Arkansas helps avoid execution errors that can result in a will being challenged or declared invalid in probate court.

Can I Change or Revoke My Will Later?

Yes. You can update your will at any time, as long as you’re mentally capable, by executing a codicil (a formal amendment) or by drafting a new will that expressly revokes the prior one. Arkansas law also automatically revokes any provisions in a will that favor a former spouse upon divorce, which makes a post-divorce review especially important. Life events that typically warrant a review include marriage, divorce, birth of a child, new property acquisition, and significant health changes. At AAPG Law, we make revisions manageable with accessible appointments and timely document preparation, whether you come to us or we come to you.

What Happens If I Die Without a Will in Arkansas?

If you pass away without a valid will, Arkansas intestacy statutes determine how your property is distributed. Under Arkansas’s table of descents, children and descendants are first in line to inherit. A surviving spouse is protected through dower, curtesy, and homestead rights that run alongside the table, but the spouse inherits under the table of descents itself only when there are no surviving descendants. From there, the estate passes to parents, then to extended family. In rare cases, assets may pass to the state. The probate process for an intestate estate is typically more involved, more costly, and more time-consuming than for a properly executed will, and family disagreements are more likely without a clear written record of your intentions. Our team provides Arkansas-focused guidance to help you avoid these risks and better align your estate with your actual wishes for the people you care about.

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