Estate Law · Arkansas
Arkansas estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Arkansas residents.
- Arkansas intestacy gives the spouse one-third for life with descendants and a portion in fee simpleAR intestacy: spouse takes dower (1/3 real property for life) plus 1/3 personal property absolutely with descendants. Half of all property without descendants.
- Arkansas recognizes attested wills and holographic willsArkansas recognizes attested wills (testator's signature plus two witnesses) and holographic wills (entirely handwritten and signed).
- Arkansas small estate affidavit handles personal property up to $100,000 without probateArkansas small estate affidavit allows personal property collection up to $100,000 without probate. 45-day waiting period.
- Arkansas's Uniform Power of Attorney Act provides default-durable POAsArkansas POAs are durable by default under the Uniform Power of Attorney Act (2011). Hot powers require express enumeration. Healthcare directive separate.
- Arkansas surviving spouse can elect dower OR statutory share, whichever is greaterAR surviving spouse elects between dower (1/3 real property for life + 1/3 personal property in fee) OR statutory elective share. Spouse-chooses framework.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Arkansas attorney.