Arkansas Surviving Spouse Elective Share

A surviving spouse who was married to the decedent continuously for one year prior to death has the right to an elective share and to take against the will.  The surviving spouse is entitled to the share they would have received had the decedent died intestate plus homestead and statutory allowances.  Arkansas Stat. § 28-39-401.

The surviving spouse must file the election for the elective share within 1 month after the time period for filing creditor claims.  Arkansas Stat. § 28-39-403.  Claims against the estate are barred if not filed with the Court or verified to the personal representative within six months after the date of the first publication of notice to creditors.

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