The emotional toll of losing a loved one can be overwhelming. The last thing that you want to think about is dealing with legal matters. However, when your loved one passes away without a will, the legal process can leave your family wondering who will inherit their assets. In Arkansas, the laws of intestacy govern who will receive what when someone dies without a will. It is essential to understand how these laws work to ensure your family’s well-being.
What are intestacy laws?
Intestacy laws, also known as laws of descent and distribution, are statutes that dictate how the court will divide property among heirs when someone dies without a valid will.
In Arkansas, the court will distribute their properties according to the following hierarchy:
- Spouse: The surviving spouse inherits all of the deceased spouse’s property, unless there are children from a previous marriage or relationship.
- Children: If there is no surviving spouse, the deceased person’s children inherit the property. If there are children from a previous marriage or relationship, they will share the property with the surviving spouse.
- Parents: If there are no surviving children or spouses, the deceased person’s parents inherit the property.
- Siblings: If there are no surviving parents, the deceased person’s siblings inherit the property.
The probate court often distributes a deceased’s property to the nearest kin. If there are no surviving spouses, descendants, parents or siblings, the court will distribute the deceased person’s property to their nieces, nephews, aunts, uncles, cousins and more distant relatives.
What about half-brothers and half-sisters?
In Arkansas, half-brothers and half-sisters are considered equal to full brothers and sisters when it comes to inheriting property. This means that they will inherit an equal share of the property, just like full siblings.
What about unmarried partners?
Unfortunately, Arkansas’ intestacy laws do not recognize unmarried partners as heirs. This means that if your loved one died without a will and was in a long-term, unmarried relationship, their partner will not inherit any property.
Handling probate
While understanding Arkansas’ intestacy laws is crucial, it is only the first step in the probate process. Probate can be a complex and time-consuming process, involving court proceedings, paperwork, and legal formalities. It is essential to seek guidance from an experienced lawyer to ensure that the process is handled efficiently.
