AR risk area
Complexity triggers in Arkansas
Scenarios that increase estate risk, such as blended families or multi-state property.
Arkansas retains dower/curtesy and homestead rights that can reshape how real property is handled for surviving spouses and children.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse has dower or curtesy rights in land unless those rights are relinquished.
- Homestead rights can vest in a surviving spouse and minor children, creating protected interests in the primary residence.
Questions to consider
Questions this risk area helps you evaluate in Arkansas
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Arkansas retains dower/curtesy and homestead rights that can reshape how real property is handled for surviving spouses and children.
- A surviving spouse has dower or curtesy rights in land unless those rights are relinquished.
- Homestead rights can vest in a surviving spouse and minor children, creating protected interests in the primary residence.
Sources
- https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-11-301/
- https://law.justia.com/codes/arkansas/title-28/subtitle-4/chapter-39/subchapter-2/section-28-39-201/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Arkansas.