Detailed Answer
Under Arkansas law, a surviving spouse’s share of an intestate estate is defined by statute. You cannot elect to receive a life estate in lieu of the statutory intestate share. Instead, the law provides a fixed share plus optional allowances and homestead rights. Below is an overview:
1. Intestate Succession Rights
When someone dies without a will in Arkansas, the surviving spouse inherits according to Ark. Code Ann. § 28-41-101 et seq.. For example:
- If the decedent has no descendants, the spouse inherits the entire estate.
- If there are descendants all of whom are also descendants of the surviving spouse, the spouse inherits the entire estate.
- If the decedent is survived by descendants not shared with the spouse, the spouse inherits one-half of the estate and the descendants inherit the other half.
2. Homestead, Exempt Property, and Year’s Allowance
Rather than altering the intestate share, Arkansas grants the surviving spouse certain allowances:
- Homestead allowance: A right to occupy the decedent’s residence for life or receive value, per Ark. Code Ann. § 28-13-301 et seq..
- Exempt personal property: Up to $20,000 worth of household goods and other items, under § 28-13-401 et seq..
- Year’s allowance: Support payments for one year charged against the estate under § 28-13-201 et seq..
3. No Election of a Life Estate Instead of Statutory Share
Arkansas does not allow a surviving spouse to convert the intestate share into a life estate in the decedent’s real property. The intestate share and separate allowances operate independently. You may claim homestead rights, exempt property, and year’s allowance, but you cannot substitute a life estate for your statutory inheritance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Review probate filings promptly to assert homestead or year’s allowances within statutory deadlines.
- Consult the county probate clerk for required election forms and deadlines.
- Keep an inventory of exempt property and copies of receipts.
- If the residence is jointly owned, verify how joint tenancy affects homestead rights.
- Consider speaking with a licensed Arkansas attorney for personalized advice.