Does a surviving spouse have any rights to an intestate estate when there is a will?

In Arkansas, a surviving spouse does have some rights to an intestate estate when there is a will. According to state law, the surviving spouse is entitled to the entire estate if the decedent did not have any children, grandchildren, or other descendants. If the decedent had descendants, the surviving spouse is generally entitled to one-half of the intestate estate. In addition, the surviving spouse is usually allowed to take a homestead allowance, a family allowance, and an exemption from forced sale. The homestead allowance allows the surviving spouse to use or occupy any homestead that was owned by the decedent. The family allowance allows the surviving spouse to receive an allowance for personal and household items. The exemption from forced sale allows the surviving spouse to exempt a certain amount of property from any creditors of the decedent. In some cases, the surviving spouse may also be eligible for an elective share. The elective share allows the surviving spouse to take a fixed percentage of the intestate estate, regardless of what the will states. This percentage is set by law and may vary depending on the length of the marriage. In summary, a surviving spouse does have some rights to an intestate estate when there is a will in Arkansas. These rights may include a homestead allowance, a family allowance, an exemption from forced sale, and in some cases, an elective share.

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Does a surviving spouse have any rights to an intestate estate when there is a will?

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