What Happens if You Die Without a Will in Arkansas?
Without a will, Arkansas has a default plan for your estate already written into state law. Through intestate succession, the law evaluates your marital status and family, not your preferences. Here's what it says. Arkansas also has a quirk most states don't. The length of your marriage may change what your spouse gets.
If You are Married with Children
Arkansas still recognizes dower and curtesy, which gives your spouse a life estate in part of your real property, separate from what your children eventually inherit outright.
- If you have children or other descendants, your spouse gets a life estate in 1/3 of your real estate, plus 1/3 of your personal property outright. Your children inherit the rest of the real estate (after your spouse's life estate ends) and 2/3 of the personal property.
If You are Married Without Children
- If you've been married at least three years, your spouse is entitled to your entire estate.
- If you've been married less than three years, your spouse inherits 50% of your estate. The other 50% passes to your parents, siblings, or other relatives, not your spouse.
If You Don't Have a Spouse, but Have Children
Your children and their descendants inherit all of your assets if you do not have a living spouse.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings will be in line for inheritance next.
If No Living Relatives Can Be Found
If no living relatives can be found, your property will go to the state of Arkansas, though this is uncommon. The state conduct a thorough search before going that route.
Other Things to Know about Dying Without a Will in Arkansas
- Arkansas's three-year marriage rule only applies when there are no children; with children, the life estate and 1/3 personal property rule applies regardless of marriage length.
- Stepchildren aren't part of intestate succession lines unless they were legally adopted, and unmarried partners have no automatic inheritance rights.
- The surviving spouse and minor children are also entitled to exempt personal property valued at up to $4,000, on top of their intestate share.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Arkansas, your estate may still avoid formal probate if the net value, after debts and allowances, is $100,000 or less, using a small estate procedure available 45 days after the death. Larger estates go through the Circuit Court, Probate Division.
To learn more about probate in Arkansas, check out our in-depth article.
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