Dying Intestate Arkansas
- Married with no children
- The surviving spouse receives 100% of the estate unless he or she had been continuously married to the decedent for less than three years. In that event, the surviving spouse will take 50% of the estate and the deceased’s surviving parent(s) inherit the remainder. If no parent survives the deceased, the balance passes to the surviving spouse even though he or she was married to the deceased for less than three years.
- Married with child or children
- The children of the deceased and the descendants of each child who predeceased the deceased will take an equal share of the estate. The surviving spouse may have the right use some of the property for his or her lifetime (the right of “dower or curtesy”). This right will be determined by the court upon petition of the surviving spouse.
- Order of estate distribution if spouse survives
- 1) children
2) surviving spouse - No spouse survives but there are other relatives
- The estate passes to those relatives in the order shown below.
- Order of estate distribution if no spouse survives or decedent was not married
- 1) surviving parents
2) deceased’s siblings and their descendants
3) grandparents, uncles or aunts or their descendants
4) surviving great grandparents, great uncles, great aunts or their descendants
5) any other surviving relatives - No surviving relatives
- The estate will go to the Arkansas county in which the decedent resided at death.
- State link
- http://tinyurl.com/ccjxua
- Special notes
- If you click the state link, look for Title 28 of Arkansas Statutes.
