Who inherits if no will in Arkansas?

Who inherits if no will in Arkansas?

In Arkansas, whether or not you have a will when you die, your spouse will inherit property from you under a doctrine called “dower and curtesy.” Briefly, this is how it works: If you have children or other descendants. Your spouse has the right to use, for life, 1/3 of your real estate.

How do you avoid probate in Arkansas?

One way to avoid probate is to own property jointly with someone else. When you die with a right of surviorship, your share passes to the other owner automatically. What is on the deed or account controls and any statement in your will is ignored.

What replaced dower and curtesy laws?

The Uniform Probate Code (“UPC”) replaces the dower and curtesy rule with a system which includes the surviving spouse as an heir in the line of intestate succession and provides an elective share for the surviving spouse who does not take under the decedent’s will.

What states still have dower rights?

Besides Ohio, there are just two states that still recognize traditional dower rights – Arkansas and Kentucky. A number of states that have abolished dower, however, retain effective spousal protections.

What is the difference between a dower and a courtesy?

A surviving spouse’s right to receive a set portion of the deceased spouse’s estate — usually one-third to one-half. Dower (not to be confused with a dowry) refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim.

What are the two types of fee simple estate?

There are two forms of fee simple estate: absolute and defeasible. The two types of fee simple defeasible: If the restrictions are violated, the estate automatically reverts to the grantor or heirs.