Planning your estate in Arkansas or Oklahoma often starts with one big question:

“Do I need a will, a trust, or both?”

The honest answer is: it depends on your goals, your assets, and your family situation. A last will and testament and a revocable living trust are both powerful tools—but they do different things, and most well‑designed plans actually use both.

At Knight, Stockton & Cunningham (KSC Law), our estate planning attorneys help families across Arkansas and Oklahoma build plans that are practical, legally sound, and easy for loved ones to follow when it matters most.

A last will and testament is the foundation of most estate plans. In both Arkansas and Oklahoma, a properly prepared will lets you: 

• Decide who inherits your property that does not already pass by beneficiary designation or joint ownership
   
• Name an executor/personal representative to handle your estate
   
• Nominate a guardian for minor children
   
• Express any special gifts of sentimental items or family heirlooms
   
• Address what happens if a beneficiary dies before you

Basic legal requirements

While the details are technical, at a high level:

• Arkansas: A formal (“attested”) will generally must be in writing, signed by a person at least 18 and of sound mind, and witnessed by at least two witnesses.
   
• Oklahoma: Formal wills similarly require a writing, a competent adult testator, and two witnesses for an attested will.
   

Both states also recognize certain handwritten (holographic) wills that meet strict requirements, but these are often more vulnerable to challenges and mistakes, and are usually not the best choice for most families. 

Because small technical errors can cause big problems later, working with an estate planning attorney licensed in Arkansas or Oklahoma is the safest way to ensure your will is valid and complete.

A will does not avoid probate. Instead, it tells the probate court how you want your assets distributed.

• Probate is the court‑supervised process of proving the will, paying creditors, and distributing what’s left to heirs.
   
• It can take months or longer, requires filings and notices, and becomes part of the public record.
   

Both Arkansas and Oklahoma offer simplified procedures for smaller estates, but many families still want to reduce or avoid full probate if possible.

A revocable living trust is a separate legal arrangement you create during your lifetime. You (the “grantor”) transfer assets into the trust, usually serve as your own trustee while you are well, and name: 

• A successor trustee to manage the trust if you become incapacitated or after your death
   
• Beneficiaries who will receive the trust property under the rules you set out
   

So long as the trust is revocable, you can change or revoke it while you are alive and competent.

When properly drafted and funded, a revocable living trust can:

• Avoid probate for assets titled in the name of the trust (real estate, bank accounts, investments, and more) in both Arkansas and Oklahoma
   
• Provide privacy, because trust administration generally happens outside public court records
   
• Provide continuity of management if you become incapacitated—your successor trustee can step in without a court‑ordered guardianship
   
• Allow you to delay or structure distributions (for example, in stages for young beneficiaries instead of one lump sum)
   
• Coordinate property in both states in a single structure, which can help avoid multiple probate cases when you own real estate in Arkansas and Oklahoma
   

It’s important to remember: a trust only controls what has been properly funded into it. Failing to retitle assets into the trust (or update beneficiaries) is one of the most common—and most costly—mistakes. 

One of the biggest myths in estate planning is that you “pick” a will or a trust and never need the other.

For many clients in Arkansas and Oklahoma, the best plan includes:

• A revocable living trust as the main blueprint for managing and distributing assets
   
• A short “pour‑over” will that:
   
  • Catches any assets accidentally left out of the trust
     
  • Nominates guardians for minor children
     
  • Confirms your overall intent for any property that still goes through probate
     

In other words, even if you use a trust to avoid as much probate as possible, you still want a will as a safety net.

There are situations where our attorneys may recommend a will‑centered plan rather than a trust‑centered one. Examples:

• Your estate is relatively modest, with few accounts and no real estate outside your home
   
• You are comfortable that your estate might qualify for simplified probate procedures in your state
   
• Most of your assets already pass through:
   
  • Beneficiary designations (life insurance, retirement accounts)
     
  • Payable‑on‑Death (POD) or Transfer‑on‑Death (TOD) designations on bank or investment accounts
     
  • Joint ownership with right of survivorship
     
• You do not need complex instructions for how or when beneficiaries receive inheritances
   

Even in a will‑only plan, beneficiary and TOD designations must be carefully coordinated with your written documents so that everything works together.

A revocable living trust often makes more sense when you want your plan to:

1. Avoid multiple probates
    
   • If you own real estate in both Arkansas and Oklahoma, a trust can help avoid having to open a probate case in each state.
      

1. Protect privacy and reduce delays
    
   • Many families prefer to keep finances and family details out of public court files. A properly funded trust can move property to your beneficiaries more quickly and privately than probate. Nolo+2Nolo+2
      

1. Provide structure for complex families
   A trust can handle:
    
   • Blended families and second marriages
      
   • Children from different relationships
      
   • Beneficiaries with addiction, money‑management issues, or creditor problems
      
   • Long‑term support for a child with a disability (often alongside a special needs trust)
      

1. Plan for incapacity—not just death
    
   • Your successor trustee can step in to manage trust assets if you develop dementia, have a stroke, or suffer another serious health event—without a court guardianship.
      

1. Manage business, farm, ranch, or mineral interests
    
   • For families with a closely held business, farmland, ranchland, or oil and gas interests, a trust can provide continuity of management and a clear roadmap for how those assets are handled over time.
      

Our attorneys frequently design plans that combine a revocable living trust, updated deeds, and beneficiary designations so that nearly everything passes outside of probate—while still using a pour‑over will for backup.

Because our firm practices in both Arkansas and Oklahoma, we pay close attention to differences between the two states.

• Arkansas recognizes beneficiary deeds and Transfer‑on‑Death (TOD) deeds for real estate. These can be combined with a will or trust to avoid probate on certain properties.
   
• Arkansas allows holographic (handwritten) wills, but they must meet strict requirements and be proven by credible witnesses; oral wills (nuncupative) are not recognized.
  
•  

• Oklahoma, like Arkansas, permits revocable living trusts to hold real estate, bank accounts, vehicles, and more, keeping those assets out of probate if properly funded.
   
• Oklahoma also recognizes holographic wills, but they must be entirely handwritten, dated, and signed by the testator; courts often treat them with greater scrutiny.
   

Because rules and procedures differ between states—and change over time—it’s important that your documents are drafted and executed to comply with the laws where you live and own property.

Myth 1: “If I have a will, my family won’t have to go to court.”

Reality: A will directs the probate court; it does not avoid probate. A trust or other planning steps are usually needed to reduce or bypass court involvement. 

Myth 2: “A trust is only for the wealthy.”

Reality: Many middle‑class families benefit from revocable living trusts, especially if they own a home, have minor children, own property in more than one state, or want to simplify things for a surviving spouse.

Myth 3: “If I create a trust, I don’t need a will at all.”

Reality: You still need a pour‑over will to handle anything left outside the trust and to nominate guardians for minor children.

Myth 4: “I can just handwrite my will; that’s easier.”

Reality: Both Arkansas and Oklahoma recognize certain handwritten wills, but they are more likely to be incomplete, unclear, or challenged. In many cases, a poorly drafted handwritten will causes more problems than having no will at all. 

When you work with KSC Law, we don’t use “one‑size‑fits‑all” forms. We start with your real life:

• What do you own? (Home, land, business, retirement accounts, minerals, etc.)
   
• Who are you planning for? (Spouse, children, grandkids, special‑needs family members)
   
• What are your priorities? (Probate avoidance, privacy, remarriage protection, tax planning, creditor protection, simplicity)
   

Then we design a customized plan that may include:

• A last will and testament
   
• A revocable living trust and pour‑over will
   
• Powers of attorney and advance directives
   
• Transfer‑on‑Death or beneficiary deeds for Arkansas and Oklahoma properties
   
• Special needs, dynasty, or other trusts where appropriate
   

Our estate planning attorneys are licensed in Arkansas and Oklahoma and work regularly with families across Eastern Oklahoma, Western Arkansas, and beyond.

Q: Will a revocable living trust completely eliminate probate in Arkansas or Oklahoma?

 A: It can significantly reduce or even eliminate probate if it’s properly drafted and fully funded (meaning your assets are retitled into the trust and your beneficiary designations are aligned). Anything left outside the trust may still require probate.

Q: If I already have beneficiary designations on my accounts, do I still need a will?

 A: Yes. Beneficiary designations do not cover everything, and they don’t name guardians for minor children or control what happens if a beneficiary dies before you. A will (and often a trust) brings all the moving parts together into one coordinated plan. 

Q: How do I know whether a will‑only or trust‑based plan is right for me?

 A: That decision depends on your goals, assets, and family dynamics. In your initial consultation, we’ll review your situation under Arkansas or Oklahoma law and talk through the pros and cons of each approach in plain language so you can make an informed choice.

If you’re unsure where to start—or if your existing documents are outdated or from another state—our team can help you sort through your options and build a plan that actually works.

Call KSC Law at (918) 647‑2268 or (479) 245‑2520, or request a consultation through our website, to schedule a time with an estate planning attorney licensed in Arkansas and Oklahoma. 

We’ll review your current documents (if any), explain how Arkansas and Oklahoma law apply to your situation, and help you decide whether a will, a trust, or both are right for you.

Legal Disclaimer: This page provides general information about wills and trusts in Arkansas and Oklahoma and is not legal advice. Laws change, and every estate is unique. You should consult with an attorney licensed in your state before making decisions about your estate plan.