Are there any laws that protect surviving spouses in intestate succession?

Yes, Arkansas has laws that protect surviving spouses in intestate succession. The State of Arkansas recognizes two types of intestate succession: Full Intestate Succession and Partial Intestate Succession. In Full Intestate Succession, all of the deceased individual’s property passes to the surviving spouse. This is often referred to as a “right of election” and is based on the notion that the surviving spouse is entitled to a share of the deceased’s property. If there is no surviving spouse, the property passes to the deceased’s descendants. In Partial Intestate Succession, the surviving spouse will typically receive an inheritance equal to one-half of the deceased’s separate property as well as one-half of the deceased’s share of any jointly owned property. This allows the surviving spouse to retain a portion of their collaboration. Finally, Arkansas law also provides for a “family allowance,” which is an amount of money that is provided to the surviving spouse to help with basic living expenses. This allowance is determined by the value of the deceased’s estate and may not exceed one-third of the gross value of the estate. Overall, Arkansas laws recognize the surviving spouse’s rights to property in the event of intestate succession, both in terms of full and partial intestate succession. Through these laws, surviving spouses are able to protect their rights to the deceased’s property and receive the necessary financial support to help them through a difficult time.

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