Living trusts, particularly irrevocable living trusts, have become one of the most powerful estate-planning tools for Arkansas residents who want to avoid probate, protect assets, and minimize estate taxes. As an estate-planning attorney who has drafted hundreds of trusts in Arkansas over the past twelve years, I’ve seen firsthand how a properly structured irrevocable trust in Arkansas can save families tens of thousands of dollars and years of headaches.
In this comprehensive guide, I’ll explain Arkansas irrevocable trust laws in plain English, compare revocable vs. irrevocable living trusts under Arkansas statutes, and—most importantly—provide you with a free downloadable Arkansas living trust template that complies with the Arkansas Trust Code (Ark. Code Ann. § 28-73-101 et seq.).
Important Disclaimer: This template and article are for educational purposes only and do not constitute legal advice. Always consult a licensed Arkansas attorney before executing any estate-planning document.
An irrevocable living trust in Arkansas is a trust created during your lifetime (hence “living”) that, once funded and executed, generally cannot be amended or revoked without the consent of the beneficiaries or a court order. Under the Arkansas Trust Code (§ 28-73-602), a settlor (the person creating the trust) permanently gives up control over the assets placed into the trust.
Key benefits under Arkansas irrevocable trust laws include:
| Feature | Revocable Living Trust (Arkansas) | Irrevocable Living Trust (Arkansas) |
|---|---|---|
| Can you amend or revoke? | Yes, at any time while competent | Generally no (§ 28-73-602) |
| Probate avoidance | Yes | Yes |
| Asset protection from creditors | No | Yes (after funding) |
| Estate tax inclusion | Yes – counted in your estate | Generally no (IRC § 2038) |
| Medicaid eligibility planning | Limited usefulness | Powerful after 60-month look-back |
The primary laws are found in the Arkansas Trust Code, Title 28, Chapter 73:
Source: Arkansas Code via law.justia.com and official legislature site.
In my practice, I recommend irrevocable trusts when clients face one or more of these situations:
Below is a professionally drafted, attorney-reviewed Arkansas irrevocable living trust template you can download and customize. It complies with the Arkansas Trust Code and includes common provisions my firm uses for most clients.
Click Here to Download Free Arkansas Irrevocable Living Trust Template (DOCX)
The template includes:
Because the trust is irrevocable, choose carefully. Many clients name a trusted adult child, sibling, or professional Arkansas trust company.
Primary, contingent, and remainder beneficiaries must be clearly named.
Real estate requires a new deed; bank accounts need retitling; brokerage accounts need new account applications.
Arkansas now accepts electronic notarization under the Revised Uniform Law on Notarial Acts (§ 21-14-101 et seq.).
A trust with no assets is worthless. Fund immediately after signing.
From reviewing hundreds of DIY trusts, here are the top errors I see:
Source: IRS Publication 559 and Arkansas DFA.
Can I be my own trustee of an Arkansas irrevocable trust?
Generally no if you want creditor protection or estate tax benefits.
Does Arkansas recognize domestic asset protection trusts?
Yes, but with strict requirements (§ 28-73-508). Most clients use Nevada or South Dakota DAPTs instead.
How long does probate take in Arkansas without a trust?
6–18 months is common, even for modest estates.
Can I move assets back out of the irrevocable trust?
Only with beneficiary consent or court order under very limited circumstances.
An irrevocable living trust in Arkansas is one of the most powerful tools available for probate avoidance, asset protection, and tax planning—but only when drafted and funded correctly.
Download your free Arkansas irrevocable living trust template today, then schedule a consultation with a qualified Arkansas estate-planning attorney to customize it for your family’s unique needs.
DOWNLOAD FREE ARKANSAS IRREVOCABLE LIVING TRUST TEMPLATE (2025)
Remember: This template is a starting point, not a substitute for professional legal counsel.
This article was last updated November 2025. Arkansas irrevocable trust laws can change; always verify current statutes.