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Spousal Elective Share Law in Arkansas

In Arkansas, a surviving spouse married more than one year can take against the will and receive dower or curtesy (with children, a life estate in one-third of the land plus one-third of personal property), electing within 1 month after the 6-month creditor claim period ends.

Last checked . General information, not legal advice.

Arkansas at a glance

Elective share
Dower or curtesy (1/3 land for life, 1/3 personal property)
Requires marriage of more than 1 year. With no children, the share is larger (up to one-half against collateral heirs).
Deadline to elect
1 month after the creditor claim period ends
Claims are due 6 months after first publication of notice to creditors, so the election ends about 7 months after that publication, not after death. Pending litigation can extend it.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Arkansas

How much can a surviving spouse claim in Arkansas if left out of the will?

Elective share in Arkansas: Dower or curtesy (1/3 land for life, 1/3 personal property). Requires marriage of more than 1 year. With no children, the share is larger (up to one-half against collateral heirs).

What is the deadline to claim the elective share in Arkansas?

Deadline to elect in Arkansas: 1 month after the creditor claim period ends. Claims are due 6 months after first publication of notice to creditors, so the election ends about 7 months after that publication, not after death. Pending litigation can extend it.

Is Arkansas a community property state?

No. Community property state in Arkansas: no. Not on the IRS list of community property states.

Where do the Arkansas spousal elective share laws come from?

The rules above come from Ark. Code 28-39-401, Ark. Code 28-39-403, Ark. Code 28-11-301, Ark. Code 28-11-305 and Ark. Code 28-50-101. Each source is linked on this page. We last checked them in October 2026.

Good to know

Under Ark. Code 28-11-301, a spouse survived by children is endowed with a life estate in one-third of the lands the decedent owned during the marriage.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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