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Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - Arkansas 2026

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The document provides instructions for creating an Arkansas 'Pour Over Will' designed for individuals establishing a Living Trust. It emphasizes the importance of having a will alongside a living trust to ensure that any assets not transferred to the trust at the time of death are directed to it, thus avoiding intestacy laws. The document includes sections on property conveyance, debt payment, guardianship of minor children, appointment of personal representatives, and various legal provisions. It also contains disclaimers regarding legal advice and encourages consultation with an attorney.

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How to use or fill out Legal Last Will and Testament Form with All Property to Trust called a Pour Over Will - Arkansas

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Click ‘Get Form’ to open it in the editor.
Begin by filling in your name and county of residence at the top of the form. This personalizes the document and establishes your identity.
In Article One, specify the date you created your Living Trust and its name. This section ensures that all assets not transferred during your lifetime will be directed to your trust upon death.
Proceed to Article Two, where you will outline how debts and expenses should be handled. Ensure clarity on who will manage these payments.
If applicable, complete Article Three regarding guardianship for minor children. Clearly state who you wish to appoint as guardian.
In Article Four, appoint a Personal Representative for your estate. Include their name and any successor if necessary.
Review Articles Five through Seven for additional provisions regarding bond waivers, powers of the Personal Representative, and general intentions of the will.
Finally, sign the document in front of witnesses as required by Arkansas law, ensuring all signatures are properly recorded.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is the difference between a trust and a pour over will?

When settling an estate, trust assets are distributed to beneficiaries as the grantor instructed. A pour-over will covers assets not placed in the trust by the grantor, whether accidentally or intentionally, before death. It acts as a safety net.

Is it better to have a will or a trust?

There is no right answer in regards to whether a Living Trust is better than a Will, or vice versa. Each individual should establish their own preference based on their personal circumstances. Some may choose a Living Trust over a Will from the standpoint of removing assets from the probate process.

Can you have a pour-over will without a trust?

Pour-over wills are almost always used in conjunction with a living trust. A living trust is a special legal arrangement between the trustor, their beneficiaries, and a designated successor trustee.

Is a testamentary trust the same as a pour over will?

This arrangement is similar to a testamentary trust, where any assets used to fund the trust have to first go through probate. The only difference is that with a pour over will, only some assets need to be probated since the living trust has already assumed ownership over the rest.

Does a trust override the will?

Some clients ask us if a will can override an irrevocable trust, and thats a simple NO. A trust can replace a will in some circumstances, meaning it can serve the same purposes of a will after death.

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Why would you want a pour-over will?

A pour-over will is an invaluable document for anyone who has created a living trust as part of their estate plan. Its a specialized last will and testament, designed to catch assets that have not been retitled or transferred into your living trust, pouring them into the trust upon your death.