What happens to the surviving spouse in an intestate estate?
In an intestate estate in Arkansas, when the deceased has no valid will, the surviving spouse has priority over all other heirs when it comes to his or her share of the estate. Arkansas law states that the surviving spouse shall receive the entire estate if there are no surviving heirs, or if there are surviving heirs the surviving spouse shall receive the first $50,000.00 plus one-half of the remaining estate. This means that if the deceased had children, the surviving spouse would get the first $50,000 plus one-half of the value of the remaining estate. If there is no surviving spouse but there are surviving heirs, the estate will be divided among the heirs depending on their relationship to the deceased and how much was left of the estate. For example, the surviving children will get an equal share of the remaining estate, and the parents of the deceased will evenly split the remaining estate if there are no surviving children. In an intestate estate, the surviving spouse is given priority over other heirs, and the law ensures that the surviving spouse is not left without any share of the estate.
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