Declaration of Trust — Arkansas UTC Adopted
State-specific requirements for creating a Declaration of Trust in Arkansas.Create yours now →
Certificate of Trust · At a glance
Arkansas · summary of the record on file
Arkansas Code Title 28, Subtitle 5, Chapter 73 (Arkansas Trust Code), §§ 28-73-101 et seq. Certification of trust: Ark. Code § 28-73-1013. Rule against perpetuities: Ark. Code § 18-3-101 et seq. (Statutory Rule Against Perpetuities). Domestic Asset Protection Trusts: Ark. Code §§ 28-72-701 et seq. Trust decanting: Act 293 of 2023.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: No notary, witnesses, or recording are specifically required for the certification.
- Witnesses: No notary, witnesses, or recording are specifically required for the certification.
- Recording: No notary, witnesses, or recording are specifically required for the certification.
- Source URL: https://law.onecle.com/arkansas/title-28/28-73-1013.html
- Last verified: 2026-09-17
- Legal review: Not performed
Governing Statute
Arkansas Code Title 28, Subtitle 5, Chapter 73 (Arkansas Trust Code), §§ 28-73-101 et seq. Certification of trust: Ark. Code § 28-73-1013. Rule against perpetuities: Ark. Code § 18-3-101 et seq. (Statutory Rule Against Perpetuities). Domestic Asset Protection Trusts: Ark. Code §§ 28-72-701 et seq. Trust decanting: Act 293 of 2023.
Execution Requirements
A certification of trust may be signed or otherwise authenticated by any trustee (Ark. Code § 28-73-1013(b)). No notary, witnesses, or recording are specifically required for the certification. The Arkansas Trust Code was enacted by Acts 2005, No. 1031. Trust instruments generally must be in writing and signed by the settlor.
Business Trust Treatment
Arkansas does not have a specific Massachusetts/business trust statute. Business trusts are treated under common law principles. Arkansas recognizes unincorporated business organizations under general trust and common law but does not provide a specific statutory framework for business trusts. Standard LLC and corporation statutes govern most business entities in Arkansas.
Favorable Trust Laws
Arkansas significantly modernized its trust laws in 2023 with Act 291 (Domestic Asset Protection Trusts) and Act 293 (trust decanting). Act 291 allows self-settled irrevocable DAPTs where the grantor can be a beneficiary while protecting assets from future creditors after a 2-year statute of limitations. The DAPT must be irrevocable, provide for discretionary distributions by a qualified independent trustee (settlor cannot serve as trustee), not be created to defraud known creditors, and have an Arkansas connection. Existing creditors must bring claims within 2 years of transfer or 6 months after discovery; future creditors within 2 years. Creditors must prove fraud by clear and convincing evidence. The rule against perpetuities (Ark. Code § 18-3-101, amended 2023) allows nonvested interests to be valid if they vest within 365 years after creation, making Arkansas favorable for dynasty trusts. Arkansas has no state estate or inheritance tax.
Unique Factors
Arkansas is notable for its 2023 legislative package (Acts 291 and 293) that transformed it from a traditional trust jurisdiction into a competitive DAPT state with trust decanting authority. The 365-year perpetuities period is among the longest in the U.S. Arkansas requires the settlor to relinquish trustee control in DAPTs but allows retention of certain powers like removing/replacing trustees and directing investments. The combination of DAPTs, decanting, and a 365-year perpetuities period makes Arkansas a recently emerging trust-friendly jurisdiction.
Certification of Trust in Arkansas
Under Ark. Code § 28-73-1013, instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust containing: (1) A statement that the trust exists and the date the trust instrument was executed; (2) The identity of the settlor; (3) The identity and address of the currently acting trustee; (4) The powers of the trustee; (5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers of the trustee; (7) The manner of taking title to trust property. The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. A certification need not contain the dispositive terms of a trust. A recipient may require the trustee to furnish copies of excerpts from the original trust instrument and amendments that designate the trustee and confer power to act in the pending transaction.
Already have a trust? You may also need a Certificate of Trust for Arkansas to prove its existence to banks and institutions.
How a Declaration of Trust works in Arkansas
A declaration of trust in Arkansas is the written instrument that creates a trust under the Arkansas Trust Code (Ark. Code Title 28, Subtitle 5, Chapter 73). The settlor states an intent to hold property for named beneficiaries and appoints a trustee to manage it. The trust is created when the settlor transfers property to another person as trustee, declares that the settlor holds identifiable property as trustee, or exercises a power of appointment in favor of a trustee. The instrument must be in writing and signed by the settlor. Arkansas does not require witnesses or notarization for trust validity, though notarization is standard practice. Real property transferred to a trust must be recorded with the county clerk. A successor trustee named in the document takes over if the acting trustee steps down, becomes incapacitated, or dies. When proof of the trust is needed, Ark. Code § 28-73-1013 lists what a certification of trust may contain.
Frequently asked questions
Does an Arkansas declaration of trust need to be notarized or witnessed?
Under the Arkansas Trust Code, the trust instrument must be signed by the settlor. Witnesses are not required, and notarization is not required for the trust instrument itself. Notarization or an acknowledgment may still be required for recording purposes, such as real property transactions or a certificate of trust. Arkansas also recognizes electronic records and signatures for trust matters, which supports modern trust administration practices.
What goes in a certification of trust under Ark. Code § 28-73-1013?
The statute lists the contents: a statement that the trust exists and the date the instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee, whether the trust is revocable and who holds the power to revoke, cotrustee signing authority, and the manner of taking title to trust property. The certification must also state that the trust has not been revoked, modified, or amended in a manner that would cause the representations to be incorrect.
How does Arkansas protect assets from creditors?
Arkansas allows self-settled irrevocable domestic asset protection trusts under Acts 291 of 2023. The DAPT must be irrevocable, provide for discretionary distributions by a qualified independent trustee, and not be created to defraud known creditors. Existing creditors must bring claims within 2 years of transfer or 6 months after discovery. Future creditors have 2 years from the transfer. Creditors must prove fraud by clear and convincing evidence. The settlor cannot serve as trustee under the statute.
How long can an Arkansas trust last?
Arkansas allows nonvested interests to be valid if they vest within 365 years after creation under the amended rule against perpetuities (Ark. Code § 18-3-101). This makes Arkansas favorable for dynasty trust planning. The state also enacted trust decanting authority under Act 293 of 2023, allowing trustees to modify irrevocable trusts without court approval. The combination of a long perpetuities period and decanting makes Arkansas a competitive trust jurisdiction.
Common mistakes
Common issues include assuming Arkansas law requires witnesses or notarization for the trust instrument itself (it requires neither, though recording-related steps such as deeds or certificates of trust may call for an acknowledgment), and leaving the trust unfunded so that property never actually moves into it through a new deed or retitled accounts. Another frequent mix-up is treating a DAPT like a standard revocable trust; Arkansas's self-settled asset protection trusts require an irrevocable structure and a qualified independent trustee. People also assume the 365-year perpetuities period applies automatically; the trust instrument must be drafted to take advantage of it. Documents that omit a successor trustee create avoidable friction during administration.
Arkansas notes
Arkansas operates under the Arkansas Trust Code, Ark. Code Title 28, Subtitle 5, Chapter 73. Certification of trust contents are set by § 28-73-1013, and a third party may require the trustee to furnish excerpts from the trust instrument. Arkansas levies no state estate tax and no state inheritance tax. The state significantly modernized its trust laws in 2023 with Acts 291 and 293, which transformed it from a traditional trust jurisdiction into a competitive DAPT state with trust decanting authority. The 365-year perpetuities period is among the longest in the United States. Arkansas requires the settlor to relinquish trustee control in DAPTs but allows retention of certain powers like removing or replacing trustees and directing investments. The combination of DAPTs, decanting, and a 365-year perpetuities period makes Arkansas a recently emerging trust-friendly jurisdiction.