If you die without a will in Arkansas, the probate court distributes your property according to the state's table of descents, and the length of your marriage can change how much your spouse actually receives. Children, parents, and siblings can end up ahead of a spouse in some situations, which surprises a lot of families.
If you do not want Arkansas default rules to decide who gets your property, you can put a valid will in place in a short online session with the FastWill will builder, covered in detail near the end of this guide.
Key Takeaways
- Arkansas's table of descents under Arkansas Code section 28-9-214 governs who inherits when there is no will.
- How long you were married affects your spouse's share when you have no descendants.
- If you have descendants, Arkansas law directs the property to them under the statutory table rather than to your spouse outright.
- Dower and curtesy and homestead rights can still give a surviving spouse an interest in real property; these state-specific interactions are worth confirming with an Arkansas probate attorney.
For the broader picture beyond intestacy, see our Arkansas estate planning guide and our overview of how to make a will in Arkansas. For general background on how intestate succession works across states, Cornell Law School's overview is a useful starting point.
How Arkansas's table of descents distributes your estate
Arkansas Code section 28-9-214 lays out the order of inheritance when someone dies without a will. Unlike states that always guarantee a spouse a fixed percentage, Arkansas ties part of the outcome to marriage length and whether you have descendants.
Spouse only, married three years or more, no descendants
If you were married to your spouse for at least three years and have no children or other descendants, your spouse inherits the entire intestate estate.
Spouse only, married less than three years, no descendants
If the marriage lasted less than three years and you have no descendants, your spouse receives half of the intestate property. The remaining half passes to your other heirs under the statutory order, typically your parents or siblings.
Descendants survive you
When you have children, grandchildren, or great-grandchildren, Arkansas's table of descents directs the property to those descendants. A surviving spouse can still hold statutory dower or curtesy rights and homestead allowances in specific real property, which is a separate legal layer from the table of descents itself and is worth reviewing with a probate attorney given your specific property.
No spouse and no descendants
With no surviving spouse or descendants, the estate passes up to your parents, then out to siblings and their descendants, following the statutory table further out as needed.
What about unmarried partners
Arkansas intestacy law has no place for an unmarried partner, regardless of how long you lived together or how your finances were combined. Without a will, a long-term partner is legally a stranger to your estate, with no automatic right to your home, your accounts, or your personal belongings.
What assets actually go through the table of descents
Not everything you own gets divided by Arkansas's intestacy rules. Assets with a named beneficiary, such as a life insurance policy, a retirement account, or a payable-on-death bank account, pass directly to whoever is named, regardless of what the table of descents says. Property held in joint tenancy with right of survivorship also passes automatically to the surviving co-owner. The table of descents only controls assets titled solely in your name with no beneficiary designation, which is often still a large share of a typical estate, including a primary residence, vehicles, and personal property.
This is also why beneficiary designations need to be checked periodically. An outdated designation, such as an ex-spouse still listed on a retirement account, can override even a carefully written will, so reviewing those forms alongside your estate plan matters just as much as the will itself.
Does probate still happen without a will
Yes. An intestate estate in Arkansas still goes through the probate court, it simply proceeds under the statutory heirs instead of your own choices. Smaller estates may qualify for a simplified process; see our guide on the Arkansas small estate affidavit for the thresholds. Larger or contested estates can take considerably longer, which we cover in how long probate takes in Arkansas.
Why write an Arkansas will instead of relying on the table of descents
The three-year marriage rule alone shows how much intestate succession can diverge from what you would actually choose. A will lets you name your spouse, a partner, specific family members, or organizations directly, name a guardian for minor children, and avoid the table of descents entirely. For a broader look at what is at stake, see the consequences of dying without a will.
You can put a valid Arkansas will in place with the FastWill will builder rather than leaving your family's inheritance to a marriage-length calculation in the probate code, and rather than hoping your beneficiary forms alone will cover everyone you actually want to provide for.
Frequently Asked Questions
Does my spouse get everything if I die without a will in Arkansas?
Only if you have no descendants and were married at least three years. Shorter marriages split the estate with other heirs, and any descendants change the outcome further.
What happens if I was married less than three years and have no children?
Your spouse receives half of the intestate estate, and the other half passes to your other statutory heirs, typically parents or siblings.
Do my children inherit ahead of my spouse in Arkansas?
Arkansas's table of descents directs property to descendants when they survive you, though a surviving spouse may still hold separate dower, curtesy, or homestead rights in specific real property.
Can an unmarried partner inherit in Arkansas without a will?
No. Arkansas intestacy law only recognizes legal spouses and blood or adopted relatives, so an unmarried partner has no automatic right to inherit.
Is probate required if there is no will in Arkansas?
Yes, the estate still goes through probate. Smaller estates may use a simplified small estate affidavit process, but there is no way to skip probate entirely just because there is no will.
What happens to a jointly owned bank account if I die without a will?
A bank account titled with right of survivorship passes directly to the surviving co-owner, outside of the table of descents and outside probate entirely, regardless of what your other heirs might otherwise expect.
