Arkansas Intestacy Laws

28-9-206.  Interests transmissible by inheritance.

   (a) Heirs may inherit every right, title, and interest not terminated by the intestate’s death in real or personal property owned by an intestate at the time of the intestate’s death and not disposed of by will.

 (b) The rights of heirs will be subject to:

    (1) The dower or curtesy of the intestate’s surviving spouse;

    (2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse;

    (3) All statutory rights and allowances to the surviving spouse and minor children;

    (4) Any rights of a surviving spouse in respect to income tax refunds made pursuant to a joint federal income tax return; and

    (5) An administration of the estate, if any.

 (c) The portion of the intestate’s estate which may pass by inheritance, after giving effect to subsection (b) of this section and to any partial testamentary disposition, is hereinafter sometimes called the “heritable estate” of the intestate.

 (d) In this connection it is declared that subject to the conditions set out above, the intestate’s entire right and title in respect to any and all reversionary and remainder interests, rights of reentry or forfeiture for condition broken, executory interests, and possibilities of reverter, whether any of such interests are vested or contingent, shall be transmissible by inheritance and will pass to the intestate’s heirs determined as of the time of the intestate’s death.

 (e) An intestate may transmit his or her title to real or personal property by inheritance even though:

    (1) The intestate is not in actual or constructive possession thereof; and

    (2) There may be adverse possession thereof.

 28-9-214.  Tables of descents.

   The heritable estate of an intestate as defined in § 28-9-206 shall pass as follows upon the intestate’s death:

    (1) First, to the children of the intestate and the descendants of each child of the intestate who may have predeceased the intestate. The children and descendants will take per capita or per stirpes according to §§ 28-9-204 and 28-9-205;

    (2) Second, if the intestate is survived by no descendant, to the intestate’s surviving spouse unless the intestate and the surviving spouse had been continuously married less than three (3) years next preceding the death of the intestate, in which event the surviving spouse will take merely fifty percent (50%) of the intestate’s heritable estate;

    (3) Third, if the intestate is survived by no descendant or spouse, to the intestate’s surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living;

    (4) Fourth, if the intestate is survived by no descendant but is survived by a spouse to whom the intestate has been continuously married less than three (3) years next preceding the death of the intestate, the entire portion of his or her heritable estate which does not pass to the surviving spouse under subdivision (2) of this section shall pass to the intestate’s surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living;

    (5) Fifth, if the intestate is survived by no descendant or parent, then all of his or her heritable estate which under subdivisions (3) and (4) of this section would have vested in the intestate’s surviving parent or parents will pass to the intestate’s brothers and sisters and the descendants of any brothers and sisters of the intestate who may have predeceased the intestate, such brothers, sisters, and descendants taking per capita or per stirpes according to §§ 28-9-204 and 28-9-205;

    (6) Sixth, if the intestate is survived by no descendant, then in respect to such portion of his or her heritable estate as does not pass under subdivisions (2)-(5) of this section, the inheriting class will be the surviving grandparents, uncles, and aunts of the intestate. In this situation, each surviving grandparent shall take the same share as each surviving uncle and aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal grandparent, uncle, or aunt shall take the same share as a paternal grandparent, uncle, or aunt and vice versa. If any uncle or aunt of the intestate shall predecease the intestate, the descendants of the deceased uncle or aunt will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate;

    (7) Seventh, if the intestate is survived by no descendant, then in respect to the portion of his or her estate as does not pass under subdivisions (2)-(6) of this section, the inheriting class will be the surviving great-grandparents and great-uncles and great-aunts of the intestate. In this situation, each surviving great-grandparent shall take the same share as each surviving great-uncle and great-aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal great-grandparent, great-uncle, or great-aunt shall take the same share as a paternal great-grandparent, great-uncle, or great-aunt and vice versa. If any great-uncle or great-aunt shall predecease the intestate, the descendants of the decedent will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate; and

    (8) Eighth, if heirs capable of inheriting the entire heritable estate cannot be found within the inheriting classes prescribed in subdivisions (1)-(7) of this section, the real and personal property of the intestate, or the portion not passing under those subdivisions, shall pass according to § 28-9-215, devolution when all or some portion of a heritable estate does not pass under this section.