Elective Share in Arkansas
State-specific overview · Estate & Probate
Arkansas spouses receive one-third of the estate if children exist, one-half if none.
How Arkansas treats Elective Share
Arkansas grants a surviving spouse an elective share similar to Alabama's approach. The spouse receives one-third of the estate if the deceased left children, and one-half if no children survive. The spouse must exercise this right within a specified period after the will is admitted to probate. The elective share applies to the probate estate and does not include property passing outside probate.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Arkansas.