Short answer

If your spouse died without a will (intestate) in Arkansas, you have important legal rights under Arkansas probate and intestacy law. Those rights commonly include priority to take charge of the funeral and disposition of the remains, a statutory share of the decedent’s estate (how much depends on who else survived the decedent), the right to seek appointment as the estate’s personal representative (administrator), and protections like homestead, family allowance, and exempt personal property. If the decedent’s family is excluding you from decisions or withholding assets, you can go to probate court to enforce your rights and to get orders preventing unlawful disposals. This is a summary — consult a probate or estate attorney promptly to protect time-sensitive rights.

How Arkansas law addresses intestacy and a surviving spouse’s share

Arkansas’s intestacy rules determine who inherits property when someone dies without a valid will. The governing provisions are located in the Arkansas Code on intestate succession (see the Arkansas Code, Title 28: Probate and Trust Law). These statutes explain how the estate is divided among a surviving spouse, children, parents, and other relatives.

General rules you should know:

• If the decedent is survived only by a spouse (no children, parents, siblings, etc.), the spouse typically inherits the entire estate.
• If the decedent is survived by a spouse and by descendants who are also descendants of the surviving spouse (for example, children the spouses had together), the spouse often receives the entire estate.
• If the decedent is survived by a spouse and by descendants who are not descendants of the surviving spouse (for example, the decedent’s children from a prior relationship), the spouse typically receives a statutory share and the children receive the remainder. The exact division depends on the facts under the Arkansas intestacy statutes.

Refer to Arkansas’s intestacy statutes for the full legal rules: Arkansas Code, Title 28 (Probate and Trust Law), intestacy provisions. You can find the Arkansas Code online at the Arkansas Legislature website: https://www.arkleg.state.ar.us/ (see Title 28 for probate and intestacy chapters).

Practical rights and actions you can take right now

When a spouse dies intestate and family members try to cut you out, take these steps promptly to assert and protect your rights:

1. Get certified death certificates. You will need multiple certified copies to deal with banks, title companies, Social Security, and the probate court.
2. Secure the decedent’s property. Change locks if necessary, preserve mail, and prevent removal or disposal of assets. If family members are taking or hiding property, document it (photos, witnesses, written notes).
3. File for appointment as administrator (personal representative). Probate begins by filing a petition in the appropriate Arkansas probate court. As a surviving spouse you are often the person with the highest priority to be appointed. Appointment gives you legal authority to control estate assets and to administer distributions under Arkansas law.
4. Ask the court for emergency relief if needed. If family members are disposing of assets, you can ask the court for temporary orders or an emergency hearing to stop waste or transfer of estate property.
5. Demand inventories and accountings. The administrator must inventory estate assets and report to the court. If someone else is acting as administrator and excluding you, you can move in court to compel inventories, accountings, and transparent administration.
6. Assert statutory allowances and exemptions. Arkansas law provides a homestead allowance, family allowance (short-term support while the estate is probated), and exempt personal property for a surviving spouse — these protect cash flow and core possessions during probate.
7. Consider hiring a probate attorney. An attorney can file petitions and emergency motions, negotiate with family members, and protect your rights in court. If cost is a concern, ask about limited-scope help or legal aid options.

What if the decedent’s family says you have no rights?

Family members often misunderstand intestate law. Their statements do not override the statute or court orders. If they tell you they control the estate or tell you to leave out of decisions, you have these options:

• File a petition to be appointed administrator (if no administrator is yet appointed).
• File objections or a motion to remove a privately appointed administrator if that person is acting improperly.
• Ask the court to enjoin family members from transferring, spending, or hiding estate assets.
• Seek court orders enforcing your priority for disposition of remains if there’s a dispute over burial or cremation.

Court intervention is the normal remedy — probate courts have the power to resolve disputes, appoint the proper administrator, and order return of improperly transferred assets.

Common questions (with short answers)

Can the family prevent me from making funeral decisions?

In most cases the surviving spouse has priority for decisions about disposition of the remains. If a dispute arises, file in probate court for immediate relief to prevent interference.

Can I be forced out of the house immediately?

No—if the house is part of the decedent’s estate and you are the spouse, you have statutory protections like homestead and may have a right to occupy the residence for a period. A court should decide any removal request. Do not allow family members to change locks or remove belongings without a court order.

How long does probate take?

Timing varies with estate complexity and whether disputes exist. Uncontested small estates can close in months; contested matters can take a year or longer. Emergency motions (to stop asset sales, etc.) can move faster.

Helpful hints — what to collect and bring to an attorney or the probate court

• Certified death certificates (multiple copies).
• Marriage certificate and identification showing you are the surviving spouse.
• A list of assets: bank accounts, retirement accounts, real estate deeds/titles, vehicles, safe-deposit box information, and life insurance policies.
• Any documents the decedent left (letters, statements referencing wishes) even if not a formal will.
• Recent mail and bills in the decedent’s name.
• Records or evidence of family members taking or hiding property (photos, timestamps, witness names).
• Names and contact information for children or other heirs, if known.

Where to find Arkansas law and court self-help resources

Arkansas statutes on probate and intestacy are in the Arkansas Code, Title 28 (Probate and Trust Law). You can review Arkansas’s statutes and probate-related chapters at the Arkansas Legislature website: https://www.arkleg.state.ar.us/. For practical self-help information about probate procedures and forms in Arkansas, see the Arkansas Judiciary’s self-help pages: https://www.arcourts.gov/self-help/topics/probate.

When to call an attorney

Call an attorney if any of these are true:

• The decedent’s family is removing, spending, or hiding assets.
• You cannot access bank accounts, titles, or safe-deposit boxes you believe the estate should control.
• There is a dispute over funeral arrangements or the house occupancy.
• Heirs disagree about who should be appointed administrator.
• The estate is large or involves business interests, retirement accounts with named beneficiaries, or potential creditor claims.

An attorney can file the appropriate probate petitions, request emergency orders, and protect your rights under Arkansas law.