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Intestate Succession Laws in Arkansas

In Arkansas, children inherit the intestate estate ahead of a surviving spouse, who instead has dower or curtesy rights, while a spouse married at least three years inherits everything when there are no descendants (one-half if married less than three years). Arkansas is not a community property state.

Last checked . General information, not legal advice.

Arkansas at a glance

Spouse share with shared children
No intestate share; dower or curtesy rights apply
Children inherit first. The spouse is endowed with a life interest in one-third of the deceased's land.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
Entire estate if married 3+ years, else 1/2
If married less than 3 years, the other 50% goes to the parents.
Community property state
No

Sources

Last checked

The rules in Arkansas

How much does a surviving spouse inherit in Arkansas when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Arkansas: No intestate share; dower or curtesy rights apply. Children inherit first. The spouse is endowed with a life interest in one-third of the deceased's land.

Does a surviving spouse in Arkansas inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Arkansas: no.

How much does a surviving spouse inherit in Arkansas when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Arkansas: Entire estate if married 3+ years, else 1/2. If married less than 3 years, the other 50% goes to the parents.

Is Arkansas a community property state?

No. Community property state in Arkansas: no.

Where do the Arkansas intestate succession laws come from?

The rules above come from Ark. Code 28-9-214 and Ark. Code 28-11-301. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.