Arkansas surviving spouses have many rights (also known as widow’s rights) afforded to them under Arkansas law, including:
- Intestate Share
- Homestead Rights
- Statutory Allowance
- Elective Share
The State of Arkansas sets forth these surviving spouse rights in several statutes. It is important that a surviving spouse learn about the rights they have under Arkansas law, and makes sure that all probate deadlines are met.
Surviving Spouse Rights in Arkansas If There Is No Valid Will (Intestacy)
When someone dies without a will they have died intestate. Dying intestate means that Arkansas law will control who gets a decedent’s assets. A surviving spouse’s right to a share of a deceased spouse’s estate if there is no will depends on the length of the marriage and decedent’s other survivors. See AR Code section 28-9-214.
Surviving Spouse’s Share – No Surviving Children or Descendants
If a decedent dies and has no surviving children or descendants, the surviving spouse’s share of decedent’s intestate estate depends on the length of the marriage. If the marriage was at least three years long, the surviving spouse has the right to the entire estate. If the marriage was shorter than three years, the surviving spouse receives ½ of the intestate estate.
Surviving Spouse’s Share – Surviving Children Or Descendants
If the decedent dies with surviving children or descendants, the surviving spouse takes nothing under intestacy.
Surviving Spouse Exemptions and Allowances
A surviving spouse in Arkansas is also entitled to certain rights and allowances.
Homestead rights provide the surviving spouse the rights to income and profits from decedent’s homestead property. To qualify for homestead rights, the surviving spouse must have been married to the decedent for over a year.
A surviving spouse also is permitted an allowance of personal property, and two months of residential living and reasonable sustenance.
Elective Share Rights of Surviving Spouse
If the marriage was at least one year, a surviving spouse can elect to take against decedent’s will. The election confers dower or curtesy rights in decedent’s property.
Surviving Spouse’s Rights – One or More Children
If the decedent also left behind surviving children or descendants, the surviving spouse has rights to a 1/3 life estate of decedent’s real estate interests during the marriage, and 1/3 absolute ownership of personal property owned by the decedent.
Surviving Spouse’s Rights – No Surviving Child or Descendants
If the decedent had no surviving child or descendants, the surviving spouse is entitled to ½ of decedent’s real property owned at any time during the marriage. This amount can be reduced to 1/3 by creditors. The surviving spouse is also entitled to ½ absolute ownership in decedent’s personal property owned at death, which can be reduced to 1/3 by creditors.
The Arkansas Supreme Court decided in Thompson_v._Thompson that a decedent’s revocable trust assets are included in the elective share calculation when transfers to the trust were made in an attempt to defeat the surviving spouse’s marital rights.
Deadline for Electing To Take Elective Share
The surviving spouse must file the election for the elective share within 1 month after the time period for filing creditor claims. Arkansas Stat. § 28-39-403. Claims against the estate are barred if not filed with the Court or verified to the personal representative within six months after the date of the first publication of notice to creditors.