Revocable Living Trust requirements in Arkansas
- Be at least 18 years old and of sound mind.
- Have a valid Social Security number (for the trust's tax ID if needed).
- Draft a trust document that names you as trustee and a successor trustee.
- Sign the trust document in front of a notary public (Arkansas requires notarization).
- Transfer ownership of your assets into the trust (funding).
- Keep the trust document updated after major life changes.
Download our Arkansas revocable living trust template now. You can revocable living trust with a state-specific template here.
Create your revocable living trustHow to create a Revocable Living Trust in Arkansas, step by step
- List your assets: real estate, bank accounts, investments, vehicles, personal property.
- Decide who will be your beneficiaries and successor trustee.
- Draft your revocable living trust document. You can use a template or hire an attorney. The document must meet Arkansas law.
- Sign the trust in front of a notary public. Arkansas doesn't require witnesses for a revocable living trust, but notarization is needed.
- Transfer title of your assets to the trust. For real estate, record a deed with the county clerk. For bank accounts, change ownership to the trust.
- Store the original trust document safely, and give copies to your successor trustee and financial institutions.
Cost considerations
The cost to create a revocable living trust in Arkansas varies. Using a template like those online can be under $100. Hiring an estate planning attorney will cost between $1,500 and $3,000 on average. Filing fees for a deed transfer in Arkansas are usually less than $100 per property.
Arkansas Living Trust: Pre-Start Checklist
Before you begin preparing your revocable living trust, gather your assets and understand Arkansas-specific signing rules. This checklist will help you prepare efficiently.
- Take a full inventory of assets: real estate, bank/investment accounts, life insurance, personal property, and digital assets.
- Decide who will be your trustee, successor trustees, and beneficiaries; for minor beneficiaries, name a guardian or set up a trust for their share.
- In Arkansas, you must sign the trust in the presence of a notary public (notarization is required), but witnesses are not required for the trust itself; however, if you plan to transfer real estate, you may need to record a deed, which also requires notarization.
- Prepare a separate pour-over will to catch any assets not transferred to the trust, and ensure it is signed with two witnesses and notarized as required by Arkansas law for wills.
- Gather current beneficiary designations on retirement accounts and life insurance—make sure they align with your trust plan, as these pass outside the trust unless the trust is named as beneficiary.
- Locate your Social Security number, legal description of real property, and account numbers to facilitate funding the trust after signing.
- Be aware that Arkansas does not have a state filing office for trusts; your trust is a private document, but any real estate deed transferring property to the trust must be recorded with the county clerk in the county where the property is located.
DIY vs. hiring a lawyer for your Revocable Living Trust
| Option | Cost | Time | Best for |
|---|---|---|---|
| DIY with a template | ~$40 | Minutes | Standard situations |
| State-specific template (recommended) | Low, one-time | ~15 min | Most people |
| Hire an attorney | $200–$1,500+ | Days–weeks | Complex cases |
Most people complete their revocable living trust online in about 15 minutes with a state-specific template — the same structure attorneys use, without the hourly bill.
Common questions
What is the difference between a revocable living trust and a will in Arkansas?
A will only takes effect after death and goes through probate, which can take months and cost money. A revocable living trust avoids probate entirely. You stay in control and can change or revoke the trust anytime. Both are part of an estate plan, but a trust offers more privacy.
Do I need to notarize my revocable living trust in Arkansas?
Yes. Arkansas law requires your trust document to be signed in front of a notary public. This is a key step to make the trust valid. You don't need witnesses, but notarization is mandatory.
Can I use a living trust template for Arkansas?
Yes, you can use a template. Make sure it follows Arkansas law, especially regarding notarization and property transfer. Templates are cheaper but may not cover complex situations. Review it carefully or consult an attorney.
How do I fund my revocable living trust?
Funding means moving assets into the trust's name. For real estate, you record a new deed. For bank accounts, you change the account ownership. For cars, you update the title. Without funding, the trust won't work.