About Arkansas,
Arkansas follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Arkansas intestate law (AR Code § 28-9-214) determines your share. The small-estate threshold is $100,000, and typical probate takes 6-9 months.
Arkansas does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Arkansas classifies marital property and what a surviving spouse typically receives if there is no will.
How Arkansas Classifies Marital Property
Common law (equitable distribution) (AR Code § 9-12-315)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | If married for three or more years, the surviving spouse inherits the entire estate. If the marriage was less than three years, the surviving spouse inherits 50% of the estate. |
| Children from marriage | The children inherit the entire estate. The surviving spouse is entitled to dower and curtesy rights, which consist of a life estate in one-third of the real property and absolute ownership of one-third of the personal property. |
| Children from prior relationship | The children inherit the entire estate. The surviving spouse is entitled to dower and curtesy rights, which consist of a life estate in one-third of the real property and absolute ownership of one-third of the personal property. |
Dower and curtesy rights: a life estate in one-third of the real property and absolute ownership of one-third of the personal property.
Deadline to File
- Arkansas filing window
- Seven months from the date of the first publication of the notice to creditors.
Home Protections for Surviving Spouses
The surviving spouse is entitled to an exemption for the homestead and can receive the rents and profits for life if there are no children. If there are children, they share the rents and profits with the surviving spouse until they turn 21. The couple must have been married for more than one year. The home cannot be sold to pay debts.
Keep Their Memory Alive With a Personalized Memorial Song
A personalized memorial song captures who they were and how much they meant to you—a beautiful keepsake you can return to whenever you need to feel close.
Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $100,000 |
| Typical probate timeline | 6-9 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Arkansas does not have a state estate or inheritance tax. The surviving spouse is exempt from any state-level inheritance taxes. |
Deadlines You Cannot Afford to Miss
Arkansas-Specific Rules
Arkansas is one of the few states that still recognizes dower and curtesy rights, which are a significant factor in both intestate succession and elective share cases.
Arkansas Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Arkansas.
- Is Arkansas a community property state?
- Arkansas is classified as Common Law (Equitable Distribution). Common law (equitable distribution) (AR Code § 9-12-315)
- What does a surviving spouse inherit without a will in Arkansas?
- No children: If married for three or more years, the surviving spouse inherits the entire estate. If the marriage was less than three years, the surviving spouse inherits 50% of the estate. With children: The children inherit the entire estate. The surviving spouse is entitled to dower and curtesy rights, which consist of a life estate in one-third of the real property and absolute ownership of one-third of the personal property. Stepchildren or children from a prior relationship: The children inherit the entire estate. The surviving spouse is entitled to dower and curtesy rights, which consist of a life estate in one-third of the real property and absolute ownership of one-third of the personal property.
- What is the elective share right in Arkansas?
- Dower and curtesy rights: a life estate in one-third of the real property and absolute ownership of one-third of the personal property. Deadline: Seven months from the date of the first publication of the notice to creditors.
- What is the small-estate threshold in Arkansas?
- $100,000. Typical probate timeline: 6-9 months
- Does Arkansas have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Arkansas does not have a state estate or inheritance tax. The surviving spouse is exempt from any state-level inheritance taxes.
- What deadlines matter most for widows in Arkansas?
- Probate filing deadline: 5 years from death; Elective share deadline: 7 months from first notice to creditors; Will contest deadline: 6 months from will admission to probate
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Arkansas.
For Widows
Support Beyond the Paperwork
This guide covers the legal and financial side. If what you need right now is help surviving the first week after losing your husband, or making it through the months that follow, start here.
Related Resources
Honoring a loved one? Create a personalized memorial song at RememberMe.fm