AR risk area
Intestacy risk in Arkansas
How assets are distributed when there is no will and state default rules control the outcome.
Arkansas uses a descent table that gives priority to descendants and provides a spouse share if there are no descendants, with a reduced share for short marriages.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- Descendants inherit first; shares are distributed per stirpes under Arkansas law.
- If no descendants, the spouse inherits all unless the marriage was under three years, in which case the spouse receives 50 percent.
- If the spouse share is reduced due to a short marriage, the remaining portion passes to the parents.
- If no descendants or parents, the estate passes to siblings and then more remote relatives.
Questions to consider
Questions this risk area helps you evaluate in Arkansas
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Arkansas uses a descent table that gives priority to descendants and provides a spouse share if there are no descendants, with a reduced share for short marriages.
- Descendants inherit first; shares are distributed per stirpes under Arkansas law.
- If no descendants, the spouse inherits all unless the marriage was under three years, in which case the spouse receives 50 percent.
- If the spouse share is reduced due to a short marriage, the remaining portion passes to the parents.
- If no descendants or parents, the estate passes to siblings and then more remote relatives.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://law.justia.com/codes/arkansas/title-28/subtitle-2/chapter-9/subchapter-2/section-28-9-214/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-arkansas.html
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Arkansas.