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Current as of March 28, 2024 | Updated by Findlaw Staff
(a)(1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half ( 1/2 ) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half ( 1/2 ) of the personal estate, absolutely, and in his or her own right, as against collateral heirs.
(2) However, as against creditors, the surviving spouse shall be invested with one-third ( 1/3 ) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third ( 1/3 ) of the personal property absolutely.
(b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half ( 1/2 ) of the estate as against collateral heirs and one-third ( 1/3 ) as against creditors.
Cite this article: FindLaw.com - Arkansas Code Title 28. Wills, Estates, and Fiduciary Relationships § 28-11-307. Surviving spouse with no children - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-28-wills-estates-and-fiduciary-relationships/ar-code-sect-28-11-307/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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