One of the most common misconceptions about probate and inheritance law is the misguided assumption that when a person passes away without a Will, that because they were married at the time of their passing the surviving spouse will get all or most of their estate. This is FAR from the truth, and this is one reason why a Will or a Trust is so important. When a married person passes away without a Will and they had probate assets (property just in their name only), and that person left behind one or more children, then the rights of a surviving spouse can be complicated and hotly contested by the decedent’s family members or children. In this case, the rights of the surviving spouse are known as the inchoate rights of “dower or curtesy.” As a very simplified reference of the rights of a surviving spouse, Arkansas law provides, in part, that when a married person has died intestate (without a Will), who also left behind children, the surviving spouse may be entitled to a life estate interest in 1/3 of the lands owned by the deceased spouse for the lifetime of the surviving spouse, and the surviving spouse may be entitled to 1/3 of the personal estate (personal property) known as the dower or curtesy of the surviving spouse.
When a married person passes away without a Will, if they had probate assets (property just in their name only), and if that person did not leave behind any children, then Arkansas law provides, in part, that the surviving spouse may be entitled to an outright ownership of ½ of the lands owned by the deceased spouse and the surviving spouse may be entitled to ½ of the personal estate (personal property), as against all other collateral heirs, known as the dower or curtesy of the surviving spouse.
In addition to the dower or curtesy rights allocated by Arkansas law to the surviving spouse, the law also provides that the surviving spouse and minor children are entitled to certain allowances of personal property or the proceeds from personal property in the amount of $2,000 to $4,000. Arkansas law also provides that the surviving spouse may be entitled to such furniture, furnishings, appliances, implements, and equipment as shall be reasonably necessary for the family use and occupancy of the dwelling. During the two months after the death of the decedent, the surviving spouse and minor children may be entitled to receive from the estate the sum of up to $1,000, or less if required by the Court, as reasonable sustenance. The surviving spouse may reside in the chief residence of the deceased spouse for two months after the death of the decedent.
The information provided herein is for informative purposes only, it is not a complete description of Arkansas law, it is written for ease of understanding, and it does not constitute legal advice. You should seek specific legal advice for your particular case.
This part of probate can be very difficult to navigate, it can be highly litigious, and it is imperative that you seek the counsel of an experienced professional who is well versed in this area of the law.
