What the rule says
Arkansas's intestacy framework retains modern dower and curtesy in modified form. Under Ark. Code § 28-9-214 and related statutes, the formula varies based on family structure:
With descendants surviving
- Spouse and any descendants survive: The surviving spouse has: - Dower (or curtesy) in one-third of the real property for life (life estate, not fee simple) - One-third of the personal property absolutely (in fee simple) - The descendants take the remaining two-thirds of personal property and the remainder interest in real property
Without descendants
- Spouse but no descendants: The spouse takes one-half of real property and one-half of personal property absolutely. The remaining half passes to the decedent's other heirs (parents, siblings, etc.). - Spouse and no other heirs: The spouse takes the entire estate.
No spouse
- Descendants take the entire estate by representation.
What this means in practice
Arkansas's framework produces specific outcomes:
- Arkansas resident dies without a will, leaving a surviving spouse and three mutual children. Estate: $200,000 personal property + $300,000 real property. Spouse takes $66,667 personal (1/3) + life estate in $100,000 real (1/3 dower for life). Children take $133,333 personal + $200,000 real (immediate fee) + remainder interest in real property. - Arkansas resident dies without a will, leaving a surviving spouse and parent. Estate: $400,000. Spouse takes $200,000 (1/2). Parent takes $200,000.
The one-third-for-life dower is a substantial limitation on the surviving spouse's real property rights — the spouse cannot sell or fully control the real property, but has lifetime use.
What you can do about it
- Arkansas will requirements (Ark. Code § 28-25-103). A will must be in writing, signed by the testator, and signed by two competent witnesses. - Arkansas recognizes holographic wills under § 28-25-104 — entirely handwritten and signed. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Covered separately as Arkansas's distinctive rule (election between dower and statutory share).
Who this affects most
Arkansas's intestacy framework is most consequential for:
- Married Arkansas residents with significant real property (the dower for life applies) - Surviving spouses where the modern dower right preserves a meaningful real property interest - Estate planners coordinating Arkansas-specific dower with overall planning
Arkansas's retention of dower/curtesy in modern form is among the most distinctive features of Arkansas succession law, alongside Kentucky's similar framework.