Arkansas is not a community property State. However, community property may have been
accumulated if the deceased and spouse lived in a community property State. In that
case, the deceased's ½ of the community estate accumulated in a community property
State generally passes under the Arkansas laws of intestate succession. However, the
surviving spouse retains their one half of the community property and does not inherit
any dower interest.
Property acquired in Arkansas during marriage may be owned singly by either member
of the couple, or jointly if both members sign the deed.
Singly owned property may be willed to anyone. However, if there is no will, use the
following chart to determine ownership.
Arkansas
If the property was… |
the spouse inherits… |
the children or their descendants inherit… |
the single-owned property of the deceased and there are surviving descendants…
|
only a dower interest in 1/3 of the property and…
|
all of the property, but subject to the dower interest.
|
the singly-owned property of the deceased and there are no surviving descendants…
|
all of the property, unless married less than 3 years…
|
N/A
|
owned by both the deceased and their spouse…
|
all the property, and …
|
nothing.
|
If there is no surviving spouse and the deceased died without a will, the children
of the deceased or their children, in the case of a predeceased child, inherit all
of the deceased's property.
If the deceased and the surviving spouse had been married less than 3 years and there
were no surviving descendants, the surviving spouse generally inherits only ½ of the
deceased's estate. The remaining ½ of the estate passes in the following order: (1)
to surviving parents, (2) to siblings or their descendants, (3) to surviving grandparents,
aunts, and uncles or descendants of deceased aunts or uncles, and, finally (4) to
surviving great grandparents, great aunts and great uncles, or descendants of deceased
great aunts and uncles. If none of these above listed relatives survive the deceased,
a surviving spouse, married less that three years would inherit all of the deceased's
estate.