Who Inherits If You Die Without a Will in Arkansas

Children and descendants of deceased children inherit first. If there are no descendants, the surviving spouse inherits everything if the couple had been married at least three years; if married less than three years, the spouse takes 50% and the parents take the rest. With no descendants or spouse, the parents inherit equally (or the surviving parent); then siblings and descendants of deceased siblings; then grandparents, aunts and uncles; then great-grandparents, great-aunts and great-uncles. When there are children, the surviving spouse does not inherit outright but receives dower or curtesy: a life interest in one-third of the decedent's land and one-third of the personal property outright.

A surviving spouse who was married to the decedent continuously for more than one year may elect to take against the will. The spouse then receives dower or curtesy computed as if there were no will (generally a life interest in one-third of the land and one-third of the personal property when there are children), plus homestead rights and statutory allowances. The election must be made within one month after the deadline for creditor claims expires (later if certain litigation about the will or the spouse's share is pending).

If the value of everything the decedent owned at death, less debts secured against it and excluding the homestead and the statutory allowances for a surviving spouse or minor children, is $100,000 or less, one or more distributees can file an Affidavit for Collection of Small Estate with the probate clerk of the circuit court once 45 days have passed since the death and no petition to appoint a personal representative is pending or granted. The affidavit must state there are no unpaid claims (or that any Department of Human Services benefits were repaid), list and value the property, and list the distributees. Holders of property release it on a clerk-certified copy, without a court order. Real estate can be included; if it is, the distributee must publish notice of the death and the filing within 30 days, and creditors then have three months from first publication to present claims. Clerk fee: $25 to file and $5 per certified copy.