• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Sexton, Bailey Attorneys, PA

SEXTON BAILEY ATTORNEYS, PA an Arkansas Estate Planning & Trust Information Center

Sexton, Bailey Attorneys, PA

Northwest Arkansas Estate Planning Attorneys (479) 443-0062

Click Here to vote for us for the Best of NWA!

Client Vault
  • Home
  • Our Firm
    • Our Firm
    • About the American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • News & Events
    • Our Reviews
    • Speaker Connection
  • services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • Legacy Planning
    • Pet Planning
    • Secure Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Webinars
  • Practice Areas
  • Resources
    • DocuBank
    • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning
      • Medicaid Planning
      • Pet Planning
      • Trust Administration & Probate
    • Newsletters
    • Pre Consultation Form
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
  • Blog
Home / Wills / Is the Decedent’s Will Valid?

Is the Decedent’s Will Valid?

November 1, 2010 by Deb Sexton Leave a Comment

If you are the executor of an estate, you will become very familiar with the decedent’s Last Will and Testament. This document will state that person’s final wishes, property to be dispersed, and beneficiaries who will inherit.

As you peruse the Will prior to probate, you should be aware if there are any questions of validity. A valid Will must be written, signed and dated by the testator, and signed by two witnesses. If a Will was created in another state, it must meet the laws of Arkansas in order to be determined valid in this state.

Written

A Last Will and Testament is not a verbal agreement. It must be in writing. It can be typed or handwritten. If the testator has typed the document, but made written changes, those changes may be questioned if they occurred after the document was witnessed.

Properly Signed and Dated

The Will must also be properly signed and date by the Will maker. If he or she cannot sign due to physical inability, then a mark may be acceptable or someone else may sign on his or her behalf. This person cannot be a witness to the document.

In Front of Witnesses

A Last Will and Testament must be signed in front of at least two witnesses, who will also sign. They must be over the age of eighteen and they must be competent. If a witness is a party with an interest in the Will, he or she may have to forfeit part of his or her inheritance above the amount that would have been received if the estate was intestate, or without a Will. For this reason, it is best that witnesses by disinterested parties.

In Probate

It is best to review the Will to see if there are any issues that may be questioned during probate. This court process will be used to determine if the document is valid before you can begin to follow the dictates within. If you are unsure of the validity of any part of the Will or if you think a challenge is possible, speak with your attorney.

 

 

 

  • Author
  • Recent Posts
Deb Sexton
Latest posts by Deb Sexton (see all)
  • Estate Planning is Essential Whether You Are Married or Not - April 25, 2018
  • Income Tax Basis in Estate Planning – Part 2 - April 23, 2018
  • The Downsizing Generation: How to Handle a Surplus of Stuff When a Loved One Ages - April 18, 2018

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Sexton, Bailey Attorneys, PA

Is Your Plan Outdated?

Subscribe to Our Blog

Office Address

Fayetteville
2766 Millenium Drive
Fayetteville, AR 72703
Phone: (479) 443-0062

Office Address

Prairie Grove
1100 Division Street, Suite 4
Prairie Grove, AR 72753
Phone: (479) 846-6026

( By Appointment Only )

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM

Map

map for office
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

footer-logo

© 2022 American Academy of Estate Planning Attorneys, Inc.