Arkansas Small Estate Affidavit

Arkansas Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Arkansas — exactly who inherits under Arkansas’s intestate-succession law, and what surprises families most. All shares are from Arkansas statute, verified as of June 2026.

Who Inherits When There Is No Will in Arkansas

Here is exactly how Arkansas divides an estate when there is no will:

If the person leaves… Who inherits in Arkansas
Spouse, no children Under § 28-9-214(2), the surviving spouse inherits the entire heritable estate if the couple was continuously married for at least 3 years before the decedent’s death. If married less than 3 years, the spouse inherits only 1/2 of the heritable estate, with the other 1/2 passing to the decedent’s parents under § 28-9-214(4), or if no parents survive, to siblings and their descendants, then grandparents, uncles, and aunts in order. Additionally, under § 28-11-307, the spouse receives fee simple title to 1/2 of non-ancestral real property (reduced to 1/3 as against creditors), a life estate in 1/2 of ancestral real property (reduced to 1/3 as against creditors), and 1/2 of personal property outright (reduced to 1/3 as against creditors).
Spouse + shared children Arkansas does NOT distinguish between shared children and stepchildren for dower/curtesy. Under § 28-11-301, the surviving spouse receives a life estate in 1/3 of the decedent’s real property. Under § 28-11-305, the spouse receives 1/3 of personal property outright. The children (and descendants of any predeceased child) inherit the remaining 2/3 of personal property outright and take the real property subject to the spouse’s 1/3 life estate, receiving full ownership of all real property upon the spouse’s death.
Spouse + children from another relationship Same as spouse_shared_children — Arkansas applies the same dower/curtesy rules regardless of whether the children are shared with the surviving spouse or from another relationship. Under § 28-11-301, the spouse receives a life estate in 1/3 of real property. Under § 28-11-305, the spouse receives 1/3 of personal property outright. The children and descendants of predeceased children take the remainder.
Children, no spouse Under § 28-9-214(1), children inherit the entire heritable estate. If all children are living, they share equally (per capita under § 28-9-204). If any child predeceased the decedent leaving descendants, distribution is per stirpes under § 28-9-205.
No spouse, no children Under § 28-9-214, the estate passes in this strict priority: (1) Parents — both share equally; if only one survives, that parent takes all (§ 28-9-214(3)). (2) Siblings and their descendants (§ 28-9-214(5)). (3) Grandparents, uncles, and aunts — each grandparent takes the same share as each uncle or aunt, sharing equally regardless of generation (§ 28-9-214(6)). (4) Great-grandparents and great-uncles and great-aunts (§ 28-9-214(7)). (5) If no heir is found, the estate passes to the surviving spouse regardless of marriage length, then to heirs of the intestate’s deceased spouse, and finally escheats to the county (§ 28-9-214(8) and § 28-9-215).
No living relatives (escheat) Under § 28-9-214(8) and § 28-9-215, the estate escheats to the county where the decedent resided at death — NOT to the state — only if no heir can be found through all 8 classes in the table of descent, including heirs of a deceased spouse. Escheat proceedings for real property are governed by § 28-13-106. Escheat is extremely rare because the hierarchy extends through great-grandparents, great-uncles/aunts, and heirs of a deceased spouse.

These shares come from Arkansas intestate-succession law (Ark. Code Ann. § 28-9-214 (Tables of Descent and Distribution), with dower/curtesy under §§ 28-11-301, 28-11-305, and 28-11-307).

How Arkansas divides shares among descendants: Arkansas uses both. Under § 28-9-204 (per capita), if all members of the inheriting class are related to the decedent in equal degree, they share equally.

Under § 28-9-205 (per stirpes), if members are related in unequal degree (because a closer heir predeceased leaving descendants), the estate is divided into shares at the nearest degree — each surviving heir in that degree takes one share, and descendants of each predeceased heir collectively share one share by representation.

Arkansas homestead and family allowance: Under Arkansas Constitution Article 9 and § 28-39-201, the homestead is exempt and its rents and profits vest in the surviving spouse for life (if the spouse has no separate homestead and was married to the decedent for over 1 year). If children survive, they share with the spouse, each entitled to 1/2 of rents and profits until each child turns 21.

Under § 28-39-101, the surviving spouse may also select up to 4000 in personal property (2000 as against creditors), household furniture and furnishings necessary for family use vest in the spouse, and the spouse and minor children may receive up to 1000 in sustenance during the 2 months after death.

Half-blood relatives in Arkansas: Under § 28-9-213, kinsmen of the half blood inherit to the same extent as kinsmen of the whole blood. Half-siblings are treated identically to full siblings with no reduction in share.

📨 Get Free Estate Planning Guides Alerts

Free · No spam · Unsubscribe anytime

Assets That Pass Outside Arkansas Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), jointly held property with right of survivorship, and assets in a living trust pass outside Arkansas intestate succession rules and are not governed by § 28-9-214. Only probate assets — those solely in the decedent’s name with no beneficiary designation — follow the intestate hierarchy.

Other Arkansas intestacy rules: (1) Arkansas retains dower and curtesy (now gender-neutral) as a SEPARATE system from intestate succession — the spouse’s dower/curtesy rights have priority over heirs, will beneficiaries, and creditors. (2) Real property and personal property are treated differently: with children, the spouse gets a life estate in 1/3 of real property but owns 1/3 of personal property outright.

(3) A 3-year marriage threshold applies under § 28-9-214(2): if married less than 3 years with no descendants, the spouse takes only 1/2 instead of all. (4) Ancestral vs. non-ancestral property distinction is abolished for intestate succession under § 28-9-219, but SURVIVES for dower/curtesy under § 28-11-307 (ancestral real property gives the spouse only a life estate vs. fee simple for non-ancestral).

(5) Escheat goes to the county, not the state. (6) A 120-hour (5-day) survival requirement applies under § 28-10-202 — an heir must survive the decedent by 120 hours by clear and convincing evidence, or they are treated as having predeceased (exception: this rule does not apply if it would cause escheat). (7) Posthumous children may inherit under § 28-9-210.

(8) Adopted children inherit equally with biological children; stepchildren do NOT inherit unless legally adopted.

What Dying Without a Will in Arkansas Really Means

When someone dies without a will in Arkansas, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Arkansas divides an estate when someone is dying without a will in Arkansas, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Arkansas helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Arkansas depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Arkansas, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Arkansas Sources & Resources

This Arkansas intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Arkansas Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.