Does an intestate estate automatically go to a surviving spouse?

In Arkansas, an intestate estate refers to a deceased person’s property that has not been addressed in a will or any other legal document. In such situations, state law will govern how the estate is distributed among heirs. In Arkansas, the surviving spouse is entitled to all of the intestate estate of the deceased, if the deceased has no children, parents, or siblings. The surviving spouse will inherit both real and personal property. However, if the deceased has children, but not a spouse, the children will inherit the entire estate. This applies even if the children are from previous marriages or relationships. Additionally, if the deceased had a spouse and also children from previous marriages or relationships, the spouse would inherit the first $50,000 of the estate plus one-half of the remaining estate. The remaining half would be split among the children. On the other hand, if the deceased had siblings but no spouse or children, the siblings would inherit the entire estate. Finally, if the deceased had parents but no spouse, children, or siblings, the parents would inherit the entire estate. In summary, it is not automatically the surviving spouse that inherits an intestate estate in Arkansas. Instead, the heirs are determined based on the relationship between the deceased and the heir. If the deceased had a spouse, the spouse will typically inherit the estate, followed by the children. However, if the deceased had siblings or parents, they will be the heirs to the estate.

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