When someone passes away without a valid will, they are said to die intestate. In such cases, their estate is distributed according to state intestacy laws. These laws vary from state to state, and in Arkansas, the intestacy statutes provide a framework for determining how a deceased person’s assets will be divided among their surviving relatives.
Who Inherits Under Arkansas Intestacy Laws?
In Arkansas, if a person dies without a will, their estate will be distributed to their closest relatives based on a specific hierarchy. The distribution depends on several factors, including whether the deceased was married, had children, or had other surviving family members.
1. Survived by a Spouse and Children
If the deceased was married and had children, Arkansas intestacy laws divide the estate between the surviving spouse and children. The rules are as follows:
• Spouse’s Share: The surviving spouse is entitled to one-third of the deceased’s real estate (land and property) and one-third of the personal property (bank accounts, investments, etc.).
• Children’s Share: The remaining two-thirds of the estate is divided equally among the children. If a child has passed away before the decedent, their share will be passed down to their children (the grandchildren).
2. Survived by a Spouse, No Children
If the deceased is survived by a spouse but has no children, the spouse will inherit the following:
• Spouse’s Share: The spouse is entitled to one-half of the real estate and all personal property if there are no surviving children, parents, or siblings of the deceased.
• Other Heirs: If the deceased’s parents or siblings are still alive, the surviving spouse will still inherit the personal property but will share the real estate with the deceased’s surviving parents and/or siblings.
3. Survived by Children, No Spouse
If the deceased had children but no surviving spouse, the children inherit the entire estate. As mentioned earlier, if a child predeceased the parent, the child’s share will pass to their descendants (the grandchildren).
4. No Spouse, No Children
If the deceased has no surviving spouse or children, Arkansas intestacy law looks for other family members to inherit the estate. The order of priority is as follows:
• Parents: If the parents of the deceased are still alive, they will inherit the estate equally.
• Siblings: If the parents are deceased, the deceased’s siblings (or their descendants if the sibling is deceased) will inherit the estate.
• More Distant Relatives: If no immediate family members are living, the law will continue to search for more distant relatives such as aunts, uncles, cousins, and grandparents.
5. No Living Relatives
In the rare instance where no living relatives can be found, the estate will escheat, or “go back”, to the state of Arkansas. This means the state will take ownership of the deceased’s property.
Special Considerations in Arkansas Intestacy Laws
While the general hierarchy is straightforward, there are some specific rules and exceptions to Arkansas intestacy laws:
1. Adopted Children: Adopted children are treated the same as biological children under Arkansas law. They have the same rights to inherit from their adoptive parents, but they generally cannot inherit from their biological parents unless the biological parent specifically included them in a will.
2. Half-Siblings: If the deceased has half-siblings, they are entitled to an equal share of the estate as full siblings under Arkansas intestacy laws.
3. Children Born Outside of Marriage: A child born outside of marriage can inherit from both parents if paternity is established. If paternity was not established during the father’s lifetime, the child may face challenges in claiming their inheritance unless DNA testing or other evidence proves their relationship.
4. Advancements: Arkansas law allows for the concept of advancements, which means that if the deceased gave a significant gift to an heir during their lifetime, this could be considered an advance on the heir’s share of the estate. If this occurs, the value of the gift will be subtracted from the heir’s share of the estate after the death of the decedent.
Avoiding Intestacy in Arkansas
While intestacy laws are designed to provide a fair method of distributing assets, they may not align with an individual’s wishes. To ensure that assets are distributed according to personal preferences, it is essential to create a valid will. This allows the testator to specify how their property should be divided and who should serve as guardians for any minor children.
A will can also minimize conflicts between surviving family members and reduce the risk of costly legal disputes. In addition, creating an estate plan that includes a will, trust, or other legal instruments can help reduce probate delays and protect family assets.
Conclusion
Intestacy laws in Arkansas provide a clear method of distributing the assets of someone who dies without a will, ensuring that property passes to close family members based on a specific order of priority. However, the distribution under intestacy may not always reflect the deceased person’s wishes. To avoid intestacy and ensure that personal preferences are respected, it is recommended to consult an attorney and create a comprehensive estate plan tailored to individual needs.