What Happens If You Die Without a Will in Arkansas?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Arkansas intestacy laws determine who inherits when there is no will.Ark. Code § 28-9-214Verified May 31, 2026 Arkansas follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Arkansas depends on family structure.Ark. Code § 28-9-214Verified May 31, 2026 With no children: If married 3+ years: entire estate. If married less than 3 years: 1/2 of estate (remainder to parents or other heirs).. With shared children: Spouse can live in 1/3 of real estate for life, plus gets 1/3 of other assets outright. Children get the rest.. When children from a prior relationship survive: Spouse can live in 1/3 of real estate for life, plus gets 1/3 of other assets outright. Children get the rest..
Arkansas uses the "per stirpes" distribution method.Ark. Code § 28-9-205Verified May 31, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes; children take per capita if in equal degree
Arkansas requires an heir to survive the decedent by 120 hours to inherit.Ark. Code § 28-9-214Verified May 31, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.
Under Arkansas intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.Ark. Code § 28-9-214Verified May 31, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Arkansas will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Arkansas depend on estate size and complexity. Estates valued at $100,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Arkansas probate cost calculator for a detailed estimate.
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Arkansas Estate Planning Resources
In-depth guides covering Arkansas probate laws, trust requirements, and estate planning strategies.
